[2012] KEHC 5442 (KLR)

[2012] KEHC 5442 (KLR)

The court found that the Interested Party, Kennedy Onditi, did not possess the requisite Higher National Diploma in a relevant field as required by Section 7(5) of the National Construction Authority Act. The evidence showed that he failed the relevant examination and misrepresented his qualifications in his CV. The purported equivalent qualification, a Master of Business Administration (Executive), was not in a relevant field as required by the Act. The Interested Party did not respond to the allegations regarding his qualifications or integrity, leaving the petitioner's claims unchallenged. The court held that the Minister acted unprocedurally by appointing the Interested Party after...

Citation
[2012] KEHC 5442 (KLR)
Parties
Applicant: Marson Intergrated Limited; Respondent: Minister for Public Works; Respondent: Hon. Attorney General
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
19 July 2012
Case Number
Petition 252 of 2012
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition allowed. Appointments of Kennedy Onditi as Board Member and Chairperson of the National Construction Authority declared null and void. Costs awarded to the petitioner.
Legal Topics
Public Appointments, Leadership and Integrity, Judicial Review, Board Composition, Statutory Compliance
Source Language
English
Constitutional Law Administrative Law Public Appointments Leadership and Integrity Judicial Review Board Composition Statutory Compliance

Case Brief

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Parties

Marson Intergrated Limited

Applicant

Minister for Public Works

Respondent

Hon. Attorney General

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Did the Interested Party have the requisite academic and professional qualifications to be appointed to the Board of the National Construction Authority?
  2. 2 Does the Interested Party meet the integrity test in Chapter 6 and 13 of the Constitution?
  3. 3 Did the Minister act procedurally in appointing the Interested Party to the Board after his name had been withdrawn by the nominating professional body?

Ratio Decidendi

The court found that the Interested Party, Kennedy Onditi, did not possess the requisite Higher National Diploma in a relevant field as required by Section 7(5) of the National Construction Authority Act. The evidence showed that he failed the relevant examination and misrepresented his qualifications in his CV. The purported equivalent qualification, a Master of Business Administration (Executive), was not in a relevant field as required by the Act. The Interested Party did not respond to the allegations regarding his qualifications or integrity, leaving the petitioner's claims unchallenged. The court held that the Minister acted unprocedurally by appointing the Interested Party after...

Court Disposition

Petition allowed. Appointments of Kennedy Onditi as Board Member and Chairperson of the National Construction Authority declared null and void. Costs awarded to the petitioner.

Orders

  • The appointment of Kennedy Onditi by the 1st Respondent as a Board Member of the National Construction Authority vide Kenya Gazette Notice No 7265 dated 29th May, 2012 and published on 31st May 2012 for a period of three years with effect from 8th June 2012 is contrary to Article 10(2), 47(1), 73 and 232 of the...
  • The appointment of Kennedy Onditi by the 1st Respondent to be the chairperson of the Board of the National Construction Authority vide Kenya Gazette Notice No 7264 dated 29th May, 2012 and published on 31st May, 2012 for a period of three years with effect from 8th June 2012 is contrary to Article 10(2), 47(1), 73...