[2012] KEHC 5420 (KLR)

[2012] KEHC 5420 (KLR)

The court found that the initial interdiction letter issued by the Permanent Secretary, Ministry of State for Public Service, was null and void as he was not the authorized officer under the PSC Regulations. However, the subsequent interdiction letter from the Permanent Secretary, Ministry of Education, was valid and complied with the law, as it provided the petitioner with notice of the charges and an opportunity to respond. The court held that there was a reasonable basis for the interdiction given the audit findings of irregular recruitment. Nevertheless, the court determined that the delay of over a year in commencing disciplinary proceedings was unreasonable and violated the...

Citation
[2012] KEHC 5420 (KLR)
Parties
Applicant: Grace A. Omolo; Respondent: Attorney General; Respondent: Permanent Secretary, Ministry of State for Public Service; Respondent: Permanent Secretary, Ministry of Education; Respondent: The Public Service Commission
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
4 May 2012
Case Number
Petition 252 of 2011
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition partly allowed.
Legal Topics
Fair Administrative Action, Disciplinary Proceedings, Public Service Employment, Due Process Rights, Interdiction of Civil Servants, Constitutional Remedies
Source Language
English
Constitutional Law Administrative Law Employment and Labour Fair Administrative Action Disciplinary Proceedings Public Service Employment Due Process Rights Interdiction of Civil Servants +1 more

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Parties

Grace A. Omolo

Applicant

Attorney General

Respondent

Permanent Secretary, Ministry of State for Public Service

Respondent

Permanent Secretary, Ministry of Education

Respondent

The Public Service Commission

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the interdiction of the petitioner was lawful and in accordance with the Public Service Commission Regulations.
  2. 2 Whether the delay in commencing disciplinary proceedings violated the petitioner's rights under Article 47 of the Constitution.
  3. 3 Whether the petitioner is entitled to relief for violation of her constitutional rights.

Ratio Decidendi

The court found that the initial interdiction letter issued by the Permanent Secretary, Ministry of State for Public Service, was null and void as he was not the authorized officer under the PSC Regulations. However, the subsequent interdiction letter from the Permanent Secretary, Ministry of Education, was valid and complied with the law, as it provided the petitioner with notice of the charges and an opportunity to respond. The court held that there was a reasonable basis for the interdiction given the audit findings of irregular recruitment. Nevertheless, the court determined that the delay of over a year in commencing disciplinary proceedings was unreasonable and violated the...

Court Disposition

Petition partly allowed.

Orders

  • Declaration that failure to institute and commence disciplinary proceedings within a reasonable time violated the petitioner's rights under Article 47 of the Constitution by the 3rd and 4th respondents.
  • Petitioner to be paid full salary for the period between 4th March 2011 and 27th April 2011.