Third Force Kenya CBO v County Public Service Board, West Pokot & another [2020] KEHC 6482 (KLR)
- Court
- High Court of Kenya
- Case number
- 6482
- Citation
- [2020] KEHC 6482 (KLR)
The High Court has the constitutional jurisdiction to hear and determine the petitioner's case.
Facts
The petitioner filed a Notice of Motion under various constitutional and procedural provisions, seeking a temporary conservatory order against the respondents to prevent them from carrying out certain actions related to the appointment of public service board members.
Issues
- Whether the High Court has the constitutional jurisdiction to hear and determine the petitioner's case.
- Whether the petitioner should have taken the matter to the Employment and Labour Relations Court as per Article 162(a) of the Constitution of Kenya 2010.
Reasoning
The court determined that the jurisdiction of the High Court is enshrined in the Constitution and Statute, and it must operate within the constitutional limits. The court found that the petitioner's case falls under the jurisdiction of the High Court as per Article 23 and Article 165 of the Constitution of Kenya 2010.
Outcome
The High Court declined to grant the petitioner's prayer for a temporary conservatory order during the taking of directions and ordered the issuance of conservatory orders.
Orders
- A conservatory order of temporary injunction against the 1st and 2nd respondents to prevent them from carrying on any interviews scheduled for the position of secretary/CEO County Board.
- A conservatory order of temporary injunctions against the 1st and 2nd respondents to prevent them from forwarding to the 2nd respondent and the 2nd respondent from appointing the previously 6 vetted Public Service Board members to the advertised positions.
Remedies
- A conservatory order of temporary injunctions against the 1st and 2nd respondents to prevent them from forwarding to the 2nd respondent and the 2nd respondent from appointing the previously 6 vetted Public Service Board members to the advertised positions.
Authorities cited
Legislation (3)
- Constitution of Kenya 2010
- Civil Procedure Act
- Employment and Labour Relations Act
Cases cited (3)
- Owners of Motor Vessel 'Lillian S' v Caltex Oil (Kenya) Limited
- Samuel Kamau Macharia v Kenya Commercial Bank Limited
- High Court and Employment and Labour Relations Court
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