Mulongo v Public Service Commission & 3 others (Petition E031 of 2022) [2022] KEELRC 1387 (KLR)
The bottom line
#The High Court dismissed a bid to force Meru University to declare a Deputy Vice-Chancellor recruitment result, ruling restructuring must finish first.
What this practically means
#Executive summary
#Key legal issues
#Public interest standing
The Petitioner demonstrated sufficiency of interest beyond personal interest as a member of the public concerned with the proper functioning of public universities
The court accepted that the Petitioner, not being an aspirant, invoked the public interest in ensuring the orderly functioning of public entities and avoidance of wastage of resources. Standing was thus affirmed, but standing alone did not entitle him to the reliefs sought, which failed on the merits given the pending restructuring directive.
Delay in concluding the recruitment pending restructuring
The court found it just to allow the Ministry of Education restructuring directive of 14th July 2021 to be concluded before the anniversary of the directive, after which appointments could be made under the new structures
Although the interviews were conducted and results forwarded, the 2nd Respondent was awaiting concurrence of the Cabinet Secretary under Section 35(1)(a)(v) of the Universities Act, and a circular directing restructuring of universities was in force. The court balanced the Petitioner's public interest against the orderly functioning of public agencies and deferred to the restructuring process.
Right of access to information under Article 35
Though pleaded, no relief was granted on the access-to-information claim; the petition was dismissed in its entirety
The Petitioner relied on Article 35 and the Katiba Institute authority to contend information must be availed without delay and unconditionally, while Respondents relied on Section 6(1)(g) of the Access to Information Act and on the requirement that the petitioner show the information is needed to protect another right. The court did not grant relief on this head, dismissing the petition overall.
Legal principles established
#- Conservatory and prerogative orders of a public-law nature must be granted on the inherent merit of a case bearing in mind the public interest, constitutional values and proportionate magnitudes of the causes
- The orderly functioning of public entities requires that pending institutional restructuring be concluded before new appointments are made under the old structures
Court orders
#- 1.The Petition is dismissed with no order as to costs
- Jurisdiction invoked
- Constitution of Kenya, 2010 - Articles 35, 41, 232 and 23(1) (petition for enforcement of Bill of Rights and prerogative/declaratory orders)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mulongo v Public Service Commission & 3 others (Petition E031 of 2022) [2022] KEELRC 1387 (KLR)", Case Analysis (2022). Petition dated 17th February 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1387/eng@2022-06-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.