[2019] KEELRC 270 (KLR)

[2019] KEELRC 270 (KLR)

The court found that while the Constitution and statutes require progressive realization of at least 5% representation of persons with disabilities in appointive and elective positions, the Petitioners failed to demonstrate that they were discriminated against or that the appointees were favored on grounds other...

Source-derived case information.

Citation
[2019] KEELRC 270 (KLR)
Parties
Applicant: Qabale Diba Badake; Applicant: Qalicha Diba Boru; Applicant: Ambaro Abdullah Ali; Respondent: The Public Service Board Marsabit County; Respondent: The Governor Marsabit County; Respondent: The County Government Marsabit; Respondent: The County Assembly of Marsabit; Respondent: National Gender & Equality Commission
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nyeri
Jurisdiction
Kenya
Case Number
Petition Petition16 of 2017
Procedural Posture
Constitutional Petition / Judgment
Outcome
petition dismissed
Judges
AN Makau
Legal Topics
Disability Rights, Affirmative Action, Public Service Appointments, Non Discrimination, Separation of Powers
Source Language
en
Constitutional Law Employment and Labour Disability Rights Affirmative Action Public Service Appointments Non Discrimination Separation of Powers

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Summary, issues, holding and outcome

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Parties

Qabale Diba Badake

Applicant

Qalicha Diba Boru

Applicant

Ambaro Abdullah Ali

Applicant

The Public Service Board Marsabit County

Respondent

The Governor Marsabit County

Respondent

The County Government Marsabit

Respondent

The County Assembly of Marsabit

Respondent

National Gender & Equality Commission

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the failure to appoint persons with disabilities as County Chief Officers in Marsabit County amounted to discrimination and contravened the Constitution and statutory provisions.
  2. 2 Whether the recruitment and nomination process for County Chief Officers complied with constitutional and statutory requirements regarding inclusivity, equity, and fair administrative action.
  3. 3 Whether the court should intervene in the appointment process or defer to the County Assembly's vetting and approval role under the doctrine of separation of powers.

Ratio Decidendi

The court found that while the Constitution and statutes require progressive realization of at least 5% representation of persons with disabilities in appointive and elective positions, the Petitioners failed to demonstrate that they were discriminated against or that the appointees were favored on grounds other than merit. The recruitment and nomination process was conducted in accordance with the law, with all candidates—including the Petitioners—subjected to the same criteria and competitive process. The County Assembly, as the legal arbiter, vetted and approved the nominees in compliance with statutory and constitutional requirements. The court emphasized the doctrine of separation of...

Court Disposition

petition dismissed

Orders

  • The petition is dismissed.
  • There is no order as to costs.