Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedNot stated in the judgment (Constitutional Petition)· [2021] KEELRC 2144 (KLR)

Leonard Sigey Bett v Governor, County of Bomet & County Assembly Of Bomet [2021] KEELRC 2144 (KLR)

Employment and Labour Relations Court (inferable from bench; not stated in judgment)
17 February 2021
RSRadido Stephen
1,189 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court invalidated Bomet County's handpicked County Secretary, ruling the position must be competitively advertised and openly recruited.

What this practically means

#

Executive summary

#
This first-instance constitutional petition was brought by Leonard Sigey Bett against the Governor of Bomet County and the County Assembly of Bomet, challenging the appointment of Stella Chepkoech Langat as County Secretary. The Petitioner alleged she was handpicked without advertisement, contrary to section 4 of the Public Appointments Act, 2014, and in breach of Articles 10, 73 and 232 of the Constitution. He sought declarations on national values, leadership responsibilities and ultra vires conduct, plus mandamus compelling a lawful recruitment process. An interlocutory motion to stop vetting failed as urgent; the appointment was completed before the interlocutory stage concluded, and the matter proceeded by submissions. The Court isolated a single substantive issue: whether the appointment was subjected to competitive recruitment. It held that section 44(2)(a) of the County Governments Act obliges that a County Secretary be competitively sourced, and section 5 of the Public Appointments (County Assemblies) Act, 2017 requires advertisement inviting applications for nomination. The Respondents' claim that the appointee's long public service experience sufficed was unsound in law. The Petitioner's unchallenged assertion of no advertisement stood, and the appointment was found unilateral, arbitrary and invalid. The Court granted a declaration of ultra vires breach of Articles 10, 73, 174 and 232 and the relevant statutes, a declaration that the appointment is null and void, and mandamus for a fresh, transparent recruitment. The broader declarations sought were refused as overbroad. As public interest litigation, each party bore their own costs.

Key legal issues

#
01

Whether the appointment of the County Secretary complied with the requirement of competitive recruitment

Holding

The appointment was unilateral and arbitrary because the position was never advertised or competitively sourced, violating section 44(2)(a) of the County Governments Act, section 5 of the Public Appointments (County Assemblies) Act, 2017, and Articles 10, 73, 174 and 232 of the Constitution; the appointment was declared invalid, null and void

Reasoning

The Court found the Petitioner's assertions that there was no public advertisement were not denied or rebutted. The Respondents' contention that the appointee was a long-serving public administrator ran counter to the express statutory requirement of competitive sourcing. Statutory procedures have a constitutional foundation in national values and public service values, requiring fair competition, merit and genuine public participation. No material demonstrated the Governor invited applications; the appointment was therefore invalid.

p. 2

Legal principles established

#
  • A County Secretary must be competitively sourced before nomination and approval
  • Unilateral appointment without advertisement/public invitation for nomination is arbitrary and invalid

Court orders

#
  1. 1.A declaration that the 1st and 2nd Respondents acted ultra vires and breached Articles 10, 73, 174 and 232 of the Constitution as well as section 44 of the County Governments Act and section 5 of the Public Appointments (County Assemblies) Act, 2017 in the recruitment, vetting and appointment of Stella Chepkoech Langat as County Secretary
  2. 2.A declaration that the appointment of Stella Chepkoech Langat as County Secretary is invalid, null and void
  3. 3.An order of mandamus compelling the 1st and 2nd Respondents to comply with the Constitution and initiate a fresh recruitment process for the position of County Secretary in a procedural, transparent and legal manner
  4. 4.Each party to bear their own costs

Authorities

#

Legislation

  • Constitution of Kenya, 2010Articles 10, 73, 174, 232
  • County Governments Actsection 44, section 44(2)(a)
  • Public Appointments Act, 2014section 4
  • Public Appointments (County Assemblies) Act, 2017section 5
  • Bomet County Public Appointments (Assembly Approval) Act, 2014not specified
Jurisdiction invoked
Constitutional petition under Articles 10, 73, 174 and 232 of the Constitution; court sitting at first instance on constitutional petition

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Leonard Sigey Bett v Governor, County of Bomet & County Assembly Of Bomet [2021] KEELRC 2144 (KLR)", Case Analysis (2021). Not stated in the judgment (Constitutional Petition). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/2144/eng@2021-02-17

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