Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCAllowedPetition Number 4 of 2020 [Formerly Mombasa High Court Petition Number 29 of 2020]· [2020] KEELRC 970 (KLR)

Commission for Human Rights & Justice v Board of Directors-Kenya Ports Authority & 2 others; Dock Workers Union (Intended Interested Party) (Petition 4 of 2020) [2020] KEELRC 970 (KLR)

Employment and Labour Relations Court
2 June 2020
934 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

A Kenyan court paused KPA's Managing Director interviews because Covid-19 restrictions made the national hiring process unfair and non-transparent.

What this practically means

#

Executive summary

#
This interlocutory ruling (further orders) by Rika J of the Employment and Labour Relations Court at Mombasa arises from a Petition lodged at the High Court Mombasa on 8th May 2020 by the Commission for Human Rights & Justice, challenging the recruitment of a Managing Director for the Kenya Ports Authority pursuant to an advertisement of 8th April 2020. The Petition was transferred to the E&LRC. The Petitioner sought, inter alia, an interim bar on interviews for the vacant Managing Director position pending hearing inter partes. The Respondents (KPA Board, Cabinet Secretary for Transport & Infrastructure, and Attorney-General) opposed, arguing the application was pre-emptive, speculative, and that the Court should not interfere with the Board's statutory role, while conceding the process was unfolding amid Covid-19 restrictions including movement limits in and out of Mombasa. The Dock Workers Union applied to be joined. The Court found a prima facie case: the pandemic and restrictions were not conducive to an open, transparent, inclusive and nationwide search for the head of a public entity whose governance must conform to constitutional tenets. KPA would not be hampered, since an acting Managing Director with a mandate to September 2020 was in place. The Court barred the Respondents from conducting interviews pending inter partes hearing, joined the Dock Workers Union as Interested Party, directed determination by written submissions filed electronically by 16th June 2020, permitted pleadings and skeleton submissions within the same period, and fixed mention for 17th June 2020. No costs order was made.

Key legal issues

#
01

Prima facie case for interim injunction

Holding

Interim bar on the recruitment granted pending inter partes hearing

Reasoning

The Court found the Petitioner had established a prima facie case. It reasoned that the Covid-19 pandemic and movement restrictions in and out of Mombasa were not conducive to an open, transparent, inclusive and nationwide search for a Managing Director of a public entity. KPA would not be hampered, as an acting Managing Director with a mandate up to September 2020 was in place and General Managers ran the departments.

p. 2
02

Joinder of the Dock Workers Union

Holding

Union joined as Interested Party

Reasoning

The Union is the workplace trade union at KPA with a stake in how its members are managed, a major industrial player with a duty to check the management of KPA and safeguard members' welfare. The Court held it must be allowed to ventilate its concerns in the process, and joined it as Interested Party notwithstanding the Petitioner's opposition.

p. 2

Legal principles established

#
  • A party with a demonstrated stake in workplace governance may be joined to a petition as an interested party
  • A prima facie case on the conformity of a public recruitment process with constitutional tenets warrants interim injunctive relief

Court orders

#
  1. 1.Pending hearing and determination of the Petitioner's application inter partes, the Respondents are barred from conducting interviews for the position of Managing Director, KPA
  2. 2.The Dock Workers Union is joined to the Petition as an Interested Party
  3. 3.The application to be determined through written submissions filed and exchanged electronically on or before 16th June 2020
  4. 4.Parties may file and exchange answers to the substantive Petition and skeleton submissions within the same period
  5. 5.The Deputy Registrar to communicate other directions as necessary
  6. 6.Mention on 17th June 2020
Jurisdiction invoked
Jurisdiction not expressly cited in the orders; matter transferred from the High Court Mombasa to the Employment and Labour Relations Court

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Commission for Human Rights & Justice v Board of Directors-Kenya Ports Authority & 2 others; Dock Workers Union (Intended Interested Party) (Petition 4 of 2020) [2020] KEELRC 970 (KLR)", Case Analysis (2020). Petition Number 4 of 2020 [Formerly Mombasa High Court Petition Number 29 of 2020]. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/970/eng@2020-06-02

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.