[2013] KEHC 6184 (KLR)
The court found that the constitutionality of the Teachers Service Commission had already been determined in Petition No. 334 of 2013, and that granting the prayers sought in the present petition would effectively nullify the earlier judgment and undermine the implementation of Article 249 of the Constitution....
Source-derived case information.
- Citation
- [2013] KEHC 6184 (KLR)
- Parties
- Petitioner: Okiya Omtatah Okoiti; Respondent: Attorney General; Respondent: Secretary of the Teachers Service Commission; Respondent: Principal Secretary for Education; Respondent: Secretary to the Cabinet
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 342 of 2013
- Procedural Posture
- Constitutional Petition / Ruling on Prayers and Withdrawal
- Outcome
- Petition withdrawn; specific prayers struck out; no order as to costs.
- Legal Topics
- Public Service Commissions, Constitutional Petitions, Judicial Review of Appointments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Okiya Omtatah Okoiti
Petitioner
Attorney General
Respondent
Secretary of the Teachers Service Commission
Respondent
Principal Secretary for Education
Respondent
Secretary to the Cabinet
Respondent
Procedural Posture
Constitutional Petition / Ruling on Prayers and Withdrawal
Legal Issues
- 1 Whether the constitution of the Teachers Service Commission complied with Article 249 of the Constitution.
- 2 Whether prayers (iv) and (vi) of the petition should be granted in light of the judgment in Petition No. 334 of 2013.
Ratio Decidendi
The court found that the constitutionality of the Teachers Service Commission had already been determined in Petition No. 334 of 2013, and that granting the prayers sought in the present petition would effectively nullify the earlier judgment and undermine the implementation of Article 249 of the Constitution. Therefore, prayers (iv) and (vi) of the petition were struck out, and the petition was marked as withdrawn with no orders as to costs.
Court Disposition
Petition withdrawn; specific prayers struck out; no order as to costs.
Orders
- Prayers (iv) and (vi) of the Petition dated 1st July 2013 are struck out.
- The petition is marked as withdrawn with no orders as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 342 OF 2013
BETWEEN
OKIYA OMTATAH OKOITI ............................................ PETITIONER
AND
ATTORNEY GENERAL ....................................... 1ST RESPONDENT
THE SECRETARY OF THE
TEACHERS SERVICE COMMISSION .............. 2ND RESPONDENT
PRINCIPAL SECRETARY FOR
EDUCATION ....................................................... 3RD RESPONDENT
SECRETARY TO THE CABINET ........................ 4TH RESPONDENT
RULING
The issue of the constitution of the Teachers Service Commission has been dealt with by my judgment in Petition No. 334 of 2013 where the Court has given a decision which will guide the appointment of the Chairperson and members of the Commission. The decision will now be implemented and the effect of prayer No. (iv) and (vi) of the petition dated 1st July 2013 will be to nullify that decision as that decision which seeks to give effect to the provisions of Article 249 of the Constitution.
Accordingly prayers (iv) and (vi) of the Petition dated 1st July 2013 are hereby struck out.
DATED and DELIVERED at NAIROBI this 8th July 2013
D.S. MAJANJA
JUDGE
FURTHER ORDER: The petition is marked as withdrawn with no orders as to costs.
DATED and DELIVERED at NAIROBI this 8th July 2013
D.S. MAJANJA
JUDGE
Mr Nguring’a instructed by Ishmael and Company Advocates for the petitioner.
Mr Kaumba, Litigation Counsel, instructed by the State Law Office, for the respondents.
Mr A. Sitima instructed by the Teachers Service Commission.