[2024] KEELRC 13518 (KLR)
The court found that the applicant had established an arguable case warranting the grant of leave to apply for judicial review orders of certiorari, mandamus, declaratory, and prohibitory reliefs regarding the appointment of the 4th Respondent as Principal of Bomet University College. However, the court declined to...
Source-derived case information.
- Citation
- [2024] KEELRC 13518 (KLR)
- Parties
- Applicant: Vincent Gekonge; Respondent: Cabinet Secretary, Ministry of Education; Respondent: Public Service Commission; Respondent: Council of Bomet University College; Respondent: Professor Charles Kipkirui Mutai; Respondent: Hon. Attorney-General
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E008 of 2024
- Procedural Posture
- Judicial Review Application / Ruling on Leave and Interim Reliefs
- Outcome
- Leave granted to apply for judicial review orders; interim stay and reinstatement declined.
- Judges
- J Rika
- Legal Topics
- Appointment of Public Officers, Judicial Review Procedure, Public Service Recruitment, Interim Relief, Certiorari and Mandamus
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Gekonge
Applicant
Cabinet Secretary, Ministry of Education
Respondent
Public Service Commission
Respondent
Council of Bomet University College
Respondent
Professor Charles Kipkirui Mutai
Respondent
Hon. Attorney-General
Respondent
Procedural Posture
Judicial Review Application / Ruling on Leave and Interim Reliefs
Legal Issues
- 1 Whether the appointment of the 4th Respondent as Principal of Bomet University College complied with constitutional and statutory requirements.
- 2 Whether leave should be granted to apply for orders of certiorari, mandamus, declaratory, and prohibitory reliefs.
- 3 Whether leave should operate as a stay of the 4th Respondent's appointment or reinstatement of the former acting Principal.
Ratio Decidendi
The court found that the applicant had established an arguable case warranting the grant of leave to apply for judicial review orders of certiorari, mandamus, declaratory, and prohibitory reliefs regarding the appointment of the 4th Respondent as Principal of Bomet University College. However, the court declined to grant interim orders staying the appointment or reinstating the former acting Principal, holding that such orders would violate the rights of the 4th Respondent and contravene Rule 53 of the E&LRC [Procedure] Rules, 2024, which prohibits ex parte reinstatement into employment. The court emphasized that any substantive challenge to the appointment and requests for interim relief...
Court Disposition
Leave granted to apply for judicial review orders; interim stay and reinstatement declined.
Orders
- The application is certified urgent.
- Leave is granted to the applicant to apply for orders of certiorari and mandamus as prayed.
Full Case Text
Judgment text and source record
38 paragraphs
Gekonge v Cabinet Secretary, Ministry of Education & 4 others (Judicial Review Application E008 of 2024) [2024] KEELRC 13518 (KLR) (20 December 2024) (Ruling)
Neutral citation: [2024] KEELRC 13518 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kericho
Judicial Review Application E008 of 2024
J Rika, J
December 20, 2024
Between
Vincent Gekonge
Applicant
and
Cabinet Secretary, Ministry of Education
1st Respondent
Public Service Commission
2nd Respondent
Council of Bomet University College
3rd Respondent
Professor Charles Kipkirui Mutai
4th Respondent
Hon. Attorney-General
5th Respondent
Ruling
1. The Applicant is a Public Interest Litigant.
2. He brings this application, dated 17th December 2024, under certificate of urgency, concerned about recent governance issues at the Bomet University College, and specifically, about the appointment of the 4th Respondent as Principal of the College.
3. He states that the appointment did not meet the standards of appointment into public office, under the Constitution of Kenya, and Public Service Commission Act.
4. He relies on his affidavit and grounds set out in the face of the application.
The Court Finds and Orders: - 5. The application filed by the Applicant, dated 17th December 2024, is certified urgent.
6. Leave is granted to the Applicant to apply for orders of certiorari and mandamus, in terms of prayer 2 and 3 of the application.
7. Leave so granted shall not operate as an order of stay and restraint, of the 4th Respondent from assuming office, or operate as an order of reinstatement of the status quo, obtaining before the 4th Respondent was appointed.
8. Leave is similarly granted to the Applicant to apply for declaratory, prohibitory and certiorari orders, in terms of prayers 5, 6 and 7 of the application.
9. Leave so granted shall not operate as an order of reinstatement of the immediate former acting Principal, or restraint upon the 4th Respondent from performing the duties of the Principal, Bomet University.
10. To grant the prayer that leave in any event, operates as stay of appointment of the 4th Respondent, would infringe the contractual, statutory and constitutional rights of the 4th Respondent, without having heard him.
11. An order of stay of appointment of the 4th Respondent, and the reinstatement of the immediate former Principal, would violate Rule 53 of the E&LRC [Procedure] Rules, 2024, which is that, the Court shall not grant an ex-parte order, that reinstates into employment, an Employee whose services have been terminated.
12. The prayer on stay of the decision appointing the 4th Respondent as Principal, or seeking to restrain him from discharging the duties of that office, ought to be heard in the substantive application, in the presence of all the Parties.
13. The substantive application to be filed and served upon all the Respondents within 21 days.
14. The Respondents may file their respective responses to the substantive application, within 14 days each, from the date of service.
15. Mention on 19th February 2025.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY THIS 20TH DAY OF DECEMBER 2024. JAMES RIKAJUDGE