Paul Kipkorir Kibet v Deputy County Commissioner, Marakwet West Sub County & 4 others [2016] KEHC 2263 (KLR)
- Court
- High Court of Kenya
- Case number
- 2263
- Citation
- [2016] KEHC 2263 (KLR)
- Decided
- 31 October 2016
AI Summary
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TypePublic Interest LitigationPosturePetition for Quashing AppointmentCoramH.K. CHEMITEI
Holding
The petition is allowed. The appointment of the 4th respondent as the Chief of Sengwer Location is hereby quashed.
Facts
A vacancy for the position of Chief for Sengwer location was advertised. The 4th respondent, Andrew Kiplagat Chemaringo, was interviewed and emerged victorious. He was given an appointment letter and confirmed as the Chief of Sengwer location.
Issues
- Whether the 4th respondent met the qualification as stipulated in the advertisement
- Whether there were any breaches of the Constitution
Reasoning
The court found that the 4th respondent did not meet the age requirement of 35 years as per the advertisement and the Scheme of Service for Chiefs and Assistant Chiefs. The court held that the respondents breached Article 232(i) (g) (h) and (i) of the Constitution by singling out the 4th respondent.
Outcome
Petition allowed
Orders
- Appointment of the 4th respondent as the Chief of Sengwer Location is quashed
Remedies
- Each party shall bear its own costs
Authorities cited
Legislation (1)
- Article 232 of the Constitution of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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