[2022] KEELRC 3877 (KLR)
The court determined that, due to the existence of two related petitions involving the same parties and subject matter, and to avoid the issuance of inconsistent or conflicting interim orders by different judges, it is prudent for the current application to be heard by the judge already seized of the related...
Source-derived case information.
- Citation
- [2022] KEELRC 3877 (KLR)
- Parties
- Applicant: Professor Paul Kuria Wainaina; Respondent: Head of Public Service; Respondent: Cabinet Secretary Minister of Education; Respondent: The Council, Kenyatta University; Respondent: The Hon. Attorney General
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Petition E129 of 2022
- Procedural Posture
- Constitutional Petition / Interlocutory Ruling
- Outcome
- Application for urgent hearing before LJ Stella Rutto granted; interim orders extended.
- Judges
- J Rika
- Legal Topics
- University Governance, Interim Orders, Judicial Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Professor Paul Kuria Wainaina
Applicant
Head of Public Service
Respondent
Cabinet Secretary Minister of Education
Respondent
The Council, Kenyatta University
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Ruling
Legal Issues
- 1 Whether the current petition should be heard by the same judge handling a related petition to avoid inconsistent orders.
- 2 Whether interim orders in favour of the petitioner should remain in place pending further directions.
- 3 Whether the two related petitions should be consolidated.
Ratio Decidendi
The court determined that, due to the existence of two related petitions involving the same parties and subject matter, and to avoid the issuance of inconsistent or conflicting interim orders by different judges, it is prudent for the current application to be heard by the judge already seized of the related petition. This approach ensures judicial consistency, efficient case management, and upholds public confidence in the administration of justice. The court therefore directed that the matter be placed before LJ Stella Rutto for urgent hearing, with interim orders extended to maintain the status quo until the hearing.
Court Disposition
Application for urgent hearing before LJ Stella Rutto granted; interim orders extended.
Orders
- Respondents to file and serve responses by 2:30 pm on the date of the ruling.
- Petitioner may file and serve a supplementary affidavit by 3:30 pm upon receipt of responses.
Full Case Text
Judgment text and source record
26 paragraphs
Wainaina v Head of Public Service & 3 others (Petition E129 of 2022) [2022] KEELRC 3877 (KLR) (28 July 2022) (Ruling)
Neutral citation: [2022] KEELRC 3877 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Petition E129 of 2022
J Rika, J
July 28, 2022
Between
Professor Paul Kuria Wainaina
Petitioner
and
Head of Public Service
1st Respondent
Cabinet Secretary Minister of Education
2nd Respondent
The Council, Kenyatta University
3rd Respondent
The Hon. Attorney General
4th Respondent
Ruling
1Court: The dispute involving the KU VC and its council, appears to have resulted in 2 petitions pending before the E&LRC. Petition E 123 of 2022 is pending before LJ Stella Rutto.
2The said judge was also seized of the current petition, from its inception, and gave certain orders. Subsequently, the current petition was placed before Dr Justice Gakeri where interim orders issued.
3Those orders appear at cross-purposes with the earlier orders issued by LJ Stella Rutto. In the view of this court therefore, it is prudent that the current application is heard before LJ Stella Rutto on urgency basis, to avoid a situation where this matter, which has generated considerable public interest is mired in inconsistent orders, issued by different judges of this court.
4LJ Rutto will be in a position to determine if interim orders made in favour of the petitioner should remain in place, and probably determine if the 2 petitions should be consolidated.
5In light of this, it is ordered: -a.The respondents to file and serve their respective responses, by 2. 30 pm today.b.The petitioner may file and serve a supplementary affidavit by 3. 30 pm upon receipt of the respondents’ responses.c.The matter be heard tomorrow before LJ Stella Rutto.d.Interim orders are extended to tomorrow.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT CHAKA, UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, THIS 28TH DAY OF JULY 2022. JAMES RIKAJUDGE