Republic v County Government of Nandi ex parte Wilson Kiplimo Sigei [2018] KEELRC 996 (KLR)
The bottom line
#The High Court dismissed two county employees' bid to halt disciplinary proceedings, ruling they failed to prove their right to a fair hearing was violated.
What this practically means
#Executive summary
#Key legal issues
#Whether the Acting County Secretary had power to commence disciplinary proceedings and whether the interdiction violated fair hearing and fair administrative action rights
The applicants failed to prove violations of Articles 47 and 50 and did not rely on the Fair Administrative Action Act; no constitutional remedies lie
The court found an employer-employee relationship and that the Respondent holds constitutional powers of disciplinary control under Articles 235(1)(c) and 236(b). The applicants neither pleaded nor proved violations of Articles 47 and 50 nor invoked the Fair Administrative Action Act or the Employment Act remedies, so no basis existed for the prerogative orders.
Whether the applicants discharged the burden of proof to warrant certiorari and prohibition
They failed to prove their case on a balance of probabilities
The court held the applicants bore the onus under sections 107, 108 and 109 of the Evidence Act to prove on a balance of probabilities that their rights under Articles 47(1) and 50(1) & (2) were violated or threatened, or that either limb of natural justice was breached. Having failed, they must participate in the disciplinary process already commenced.
Legal principles established
#- A public body with constitutional and statutory powers of disciplinary control may exercise them where due process is followed, and courts interfere with internal disciplinary processes only on breach of natural justice
- An applicant for certiorari and prohibition bears the onus of proving on a balance of probabilities that fair administrative action or fair hearing rights have been, or are threatened to be, violated
Court orders
#- 1.The applications are dismissed
- 2.Costs awarded to the Respondent
- Jurisdiction invoked
- Judicial review (certiorari and prohibition) under the constitutional and statutory provisions cited in the caption to the application
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v County Government of Nandi ex parte Wilson Kiplimo Sigei [2018] KEELRC 996 (KLR)", Case Analysis (2018). Judicial Review Application dated 25th February, 2018, filed 6th March, 2018 (with consolidated others). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/996/eng@2018-10-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.