Peter Jim Momanyi &another; v CEC Members of Water Kisii County Government & 8 others; Caleb Gichana & another (Interested Parties) [2019] KEELRC 995 (KLR)
The bottom line
#Kenya's Employment Court dismissed a challenge to director appointments at Gusii Water because neither side produced reliable minutes, so the appointments stand.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the Employment and Labour Relations Court over the recruitment dispute
The court has jurisdiction; the preliminary objection is dismissed.
The dispute concerned appointment to the position of Director following a competitive recruitment process mandated by Majanja J. It was a process distinct from the normal election of directors under the Companies Act, falling within the Employment and Labour Relations Court Act, which derives jurisdiction from Article 162(2) of the Constitution as read with Section 12 of that Act, per the authorities cited.
Whether the petitioners proved their case on a balance of probabilities
They did not; the minutes relied on by both sides were unreliable and the appointments of the 8th and 9th respondents stand.
The petitioners' minutes were not fully executed by the select committee and bore no company seal; the 8th respondent's minutes contained contradictions, including signatures by persons who were not panelists. The company secretary failed to produce authentic signed and sealed company records. With both records unreliable and the burden on the petitioners, the court found no tangible evidence warranting revocation of the appointments.
Legal principles established
#- A party bearing the burden of proof must prove its case on a balance of probabilities, and where documents relied upon are unreliable the court cannot make findings on them.
- Disputes concerning recruitment and appointment of directors following a competitive recruitment process fall within the jurisdiction of the Employment and Labour Relations Court.
Court orders
#- 1.The preliminary objection on jurisdiction is dismissed.
- 2.The petition fails on the merits and the reliefs sought are not granted.
- 3.Each party to bear their own costs of the petition.
- Jurisdiction invoked
- Article 162(2) of the Constitution of Kenya 2010 as read with Section 12 of the Employment and Labour Relations Court Act, Cap 234B Laws of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter Jim Momanyi &another; v CEC Members of Water Kisii County Government & 8 others; Caleb Gichana & another (Interested Parties) [2019] KEELRC 995 (KLR)", Case Analysis (2019). Petition (as per record; referenced proceedings in High Court at Kisii Petition No. 5 of 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/995/eng@2019-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.