[2013] KEHC 6143 (KLR)

[2013] KEHC 6143 (KLR)

The court held that the process of recruitment and appointment of Principal Secretaries by the Public Service Commission was conducted in accordance with Article 155(3) of the Constitution, 2010. There is no legal or constitutional basis for the automatic consideration or priority of sitting Permanent Secretaries...

Source-derived case information.

Citation
[2013] KEHC 6143 (KLR)
Parties
Applicant: Albert Mulindi; Respondent: Public Service Commission (PSC); Respondent: Hon. Attorney General
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
21 June 2013
Case Number
Miscellaneous Petition 233 of 2013
Procedural Posture
Constitutional Petition / Judgment
Outcome
petition dismissed
Judges
I Lenaola
Legal Topics
Public Service Appointments, Transitional Provisions, Fair Administrative Action
Source Language
english
Constitutional Law Administrative Law Public Service Appointments Transitional Provisions Fair Administrative Action

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Albert Mulindi

Applicant

Public Service Commission (PSC)

Respondent

Hon. Attorney General

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the process of recruitment and appointment of Principal Secretaries by the Public Service Commission was premature and unconstitutional.
  2. 2 Whether sitting Permanent Secretaries under the repealed Constitution were entitled to automatic consideration or priority for appointment as Principal Secretaries under the Constitution, 2010.
  3. 3 Whether the recruitment process violated the constitutional rights of the Petitioner or Permanent Secretaries to fair administrative action.

Ratio Decidendi

The court held that the process of recruitment and appointment of Principal Secretaries by the Public Service Commission was conducted in accordance with Article 155(3) of the Constitution, 2010. There is no legal or constitutional basis for the automatic consideration or priority of sitting Permanent Secretaries appointed under the repealed Constitution. The transitional provisions do not support the Petitioner's arguments, and the evidence showed that some Permanent Secretaries did apply and were considered for the new positions. The court reiterated that it cannot decide on speculative or academic matters and that the issues raised had already been determined in a previous petition....

Court Disposition

petition dismissed

Orders

  • The Petition is dismissed.
  • Each party shall bear its own costs.