Jacob Kimutai Torutt v Coast Water Works Development Agency & another; Commission for Human Rights and Justice (Interested Party) [2021] KEELRC 1711 (KLR)
The bottom line
#Kenya's Employment Court ruled that Mwongozo guarantees state corporation CEOs a three-year first term, but not an automatic three-year renewal.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to a three-year renewal of the CEO contract
Petitioner not entitled to a three-year renewal; renewal was governed by contract terms and Mwongozo general provisions
Mwongozo fixes a three-year initial tenure but does not mandate a three-year renewal. Sections 17(5) and the First Schedule of the Water Act, 2016 apply to the Water Resources Authority and to board members respectively, not to the CEO of a water works development agency. In the absence of any statutory, policy or contractual entitlement, the one-year renewal voluntarily signed by the petitioner was valid.
Alleged violations of constitutional rights and legitimate expectation
Not established; claims collapsed
Having found no entitlement to a three-year renewal, the alleged breaches of Articles 27, 28, 41, 47 and 236 and the legitimate expectation claim had no foundation. The Board recommended three years but the Cabinet Secretary acceded to one year, and the petitioner did not fault those consultations or the voluntary contract concluded.
Applicability of waiver doctrine
Waiver did not arise because no right to a three-year renewal was established
Although the respondents invoked waiver, the Court held it unnecessary since there was no established entitlement capable of being waived; the petitioner voluntarily signed the one-year renewal but there was no underlying right to abandon.
Interested party's misconduct allegations
Abuse of court process; new cause of action could not be introduced by the interested party
The interested party introduced allegations of corruption and misconduct outside the dispute between the parties. Citing Odinga v IEBC, the Court held an enjoined party cannot introduce a new cause of action, and this amounted to abuse of process.
Legal principles established
#- Mwongozo prescribes a three-year initial tenure for a CEO of a state corporation renewable once subject to performance, but does not require that the renewal itself be for three years
- The CEO of a water works development agency is distinct from a 'member' of the board, so the First Schedule provisions on appointment of members do not govern the CEO's contract
- A joinder may not introduce a wholly new cause of action; doing so amounts to abuse of court process
Court orders
#- 1.The petition dated and filed on 12.04.2021 was dismissed
- 2.Each party to bear own costs of the petition
- Jurisdiction invoked
- Constitutional petition alleging violation of Articles 27, 28, 41, 47 and 236 of the Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Mwarania v Cabinet Secretary, National Treasury & Planning & 2 others; Corporation Limited (Interested Party) (Employment and Labour Relations Petition E034 of 2023) [2023] KEELRC 2541 (KLR)[2023] KEELRC 2541 (KLR)19 Oct 2023
- Mwarania v Cabinet Secretary, National Treasury & Planning & 2 others; Corporation Limited (Interested Party) (Employment and Labour Relations Petition E034 of 2023) [2023] KEELRC 2541 (KLR)[2023] KEELRC 2541 (KLR)19 Oct 2023
Cite this brief
#Cite this brief
Caselaw, "Jacob Kimutai Torutt v Coast Water Works Development Agency & another; Commission for Human Rights and Justice (Interested Party) [2021] KEELRC 1711 (KLR)", Case Analysis (2021). Petition dated and filed on 12.04.2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1711/eng@2021-05-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.