Republic v Attorney General & 4 others [2016] KEELRC 1658 (KLR)
The bottom line
#A Kenyan court threw out a civil servant's judicial review bid because employment disputes are contract matters, not public law issues.
What this practically means
#Executive summary
#Key legal issues
#Limitation period for seeking certiorari
The final decision on the applicant's fate was the review rejection of 17th September 2014, so filing on 20th January 2015 was within six months; however, the 2012 decisions on promotion were time-barred
The court held that the earlier decisions of 4th December 2013 and 24th April 2014 could only crystalize after the review decision, made when the applicant was informed that no new ground warranted review of his dismissal. The 2012 letters concerning promotion were however caught by the six-month limitation period and could not sustain a judicial review application.
Whether contractual employment disputes with a public body are remediable by judicial review
They are not; the dispute was purely a private law contractual matter enforceable through ordinary contractual remedies
The court reasoned that judicial review supervises the decision-making process of public bodies exercising public functions and cannot issue in respect of contractual duties. Although the 2nd respondent is a public body, the applicant's relationship with it was purely a contract of employment. The court associated itself with Visram JA's holding in the Maseno University case to this effect.
Legal principles established
#- Judicial review is a public law remedy that cannot issue to enforce contractual duties, which are enforceable only through ordinary private law remedies
- An employment dispute between an employee and a public body is a matter of contract of employment and hence a private law matter
- Judicial review applications must be filed within six months of the decision sought to be quashed
Court orders
#- 1.The application as filed is found incompetent and is struck out with costs
- Jurisdiction invoked
- Orders of Certiorari, Mandamus and Injunction under the law of Judicial Review (specific provision not stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Attorney General & 4 others [2016] KEELRC 1658 (KLR)", Case Analysis (2016). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1658/eng@2016-02-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.