[2013] KEHC 6229 (KLR)
The court held that, in the interest of good governance and to ensure the effective functioning of the Teachers Service Commission, all persons who had been shortlisted in the initial list for the position of chairperson and were not rejected by the National Assembly should be included in the list forwarded to the...
Source-derived case information.
- Citation
- [2013] KEHC 6229 (KLR)
- Parties
- Petitioner: Abdi Sitar Yusuf; Respondent: Attorney General; Respondent: Selection Panel of the Teachers Service Commission; Respondent: Clerk of the National Assembly; Applicant: Wycliffe Gisembe Nyakina
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 334 of 2013
- Procedural Posture
- Constitutional Petition / Ruling on Application for Review of Judgment
- Outcome
- application allowed in part
- Judges
- DAS Majanja
- Legal Topics
- Public Appointments, Judicial Review, Teachers Service Commission, Separation of Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdi Sitar Yusuf
Petitioner
Attorney General
Respondent
Selection Panel of the Teachers Service Commission
Respondent
Clerk of the National Assembly
Respondent
Wycliffe Gisembe Nyakina
Applicant
Procedural Posture
Constitutional Petition / Ruling on Application for Review of Judgment
Legal Issues
- 1 Whether the initial shortlisted candidates for chairperson of the Teachers Service Commission not rejected by the National Assembly should be considered for appointment by the President.
- 2 Whether the court should review its earlier judgment regarding the process of appointing the chairperson of the Teachers Service Commission.
Ratio Decidendi
The court held that, in the interest of good governance and to ensure the effective functioning of the Teachers Service Commission, all persons who had been shortlisted in the initial list for the position of chairperson and were not rejected by the National Assembly should be included in the list forwarded to the President for appointment. The court emphasized its role in facilitating institutional transition and upholding constitutional values, directing that the process be inclusive of all eligible candidates from the original shortlist who had not been expressly rejected.
Court Disposition
application allowed in part
Orders
- Persons who had been shortlisted in the initial list for chairperson of the Teachers Service Commission but not rejected by the National Assembly shall be included in the list to be forwarded to the President for appointment.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 334 OF 2013
BETWEEN
ABDI SITAR YUSUF..................................................... PETITIONER
AND
ATTORNEY GENERAL........................................ 1ST RESPONDENT
SELECTION PANEL OF THE
TEACHERS SERVICE COMMISSION...............2ND RESPONDENT
CLERK OF THE NATIONAL ASSEMBLY..........3RD RESPONDENT
AND
WYCLIFFE GISEMBE
NYAKINA ……………....…….. INTERESTED PARTY/APPLICANT
RULING
The application before me today is another one concerning the constitution of the Teachers Service Commission (“the TSC”). The applicant, the interested party, in the Chamber Summons dated 12th July 2013 seeks to review my judgment of 8th July 2013 specifically concerning the position of chairperson.
According to the applicant, the original shortlist of names for chairperson comprised three other names which were not rejected by the National Assembly and should therefore be considered for appointment by the President. Pursuant to the judgment, the Selection Panel has now shortlisted the names and is conducting interviews.
As I stated in my judgment, the issue concerning the TSC is one of transition and the Court must be guided by certain values including good governance in resolving the issues before it. It is the obligation of the court to ensure that institutions work and have such a capacity to fulfil their constitutional functions.
After hearing the parties, I direct that the persons who had been shortlisted in the initial list but not rejected by the National Assembly should be included in the list to be forwarded to the President for appointment of the Chairperson to the Commission.
DATED and DELIVERED at NAIROBI this 15th July 2013
D.S. MAJANJA
JUDGE