Principal Secretary Ministry of Interior & Co-ordination of National Government & 6 others v Wako & 6 others
The bottom line
#Kenya's Court of Appeal paused a ruling that cancelled a chief's appointment, keeping the current officeholder in place until the full appeal is heard.
What this practically means
#Executive summary
#Key legal issues
#Whether the intended appeal is arguable
The appeal is arguable on the single ground that the learned Judge granted a relief (repetition of the recruitment exercise) that was not prayed for by the petitioners.
The Court applied the settled Rule 5(2)(b) principles from Stanley Kang’ethe Kinyanjui v Tony Ketter. It did not make definitive findings of fact or law, holding that one bona fide arguable ground suffices. The ground that the Judge granted relief not sought by the petitioners was sufficient to meet arguability without embarrassing the full appeal.
Whether the appeal would be rendered nugatory absent a stay
Execution would result in a fresh recruitment possibly producing a different appointee, creating confusion, uncertainty and risk of exacerbated inter-communal tension; a stay is therefore appropriate.
The Court found someone already occupies the chief's position; execution could lead to another person's appointment, posing difficulties if the applicants succeed on appeal. It cited public interest, confusion and uncertainty, and the danger of heightened tension and insecurity between the Gabra and Borana communities as justifying preservation of the status quo.
Legal principles established
#- On an application under Rule 5(2)(b), a single bona fide arguable ground of appeal suffices to satisfy the arguability requirement.
- The twin principles for stay under Rule 5(2)(b) are arguability of the appeal and that the appeal will not be rendered nugatory; both must be satisfied.
Court orders
#- 1.Order of stay of execution of the Judgment and Decree of the ELRC (Marete, J) dated 26th July 2021 issued pending the hearing and determination of the appeal
- On appeal from
- Employment & Labour Relations Court at Nyeri
- Constitutional Petition No. 22 of 2021 (also referred to as No. 22 of 2020)
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Principal Secretary Ministry of Interior & Co-ordination of National Government & 6 others v Wako & 6 others", Case Analysis (2022). Civil Application 069 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/856/eng@2022-07-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.