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ELRCAllowedNot stated in the judgment as provided· [2023] KEELRC 2456 (KLR)

Ouma & 5 others v Principal Secretary, Ministry of Interior & Coordination of National Government & 4 others (Petition E021 of 2023) [2023] KEELRC 2456 (KLR)

Employment and Labour Relations Court
11 October 2023
RSRadido Stephen
371 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court scrapped the hiring of three Assistant Chiefs in Homa Bay after the government admitted the recruitment process was flawed, and ordered a fresh, lawful recruitment.

What this practically means

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Executive summary

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Six Petitioners sued six Respondents contending that the recruitment and appointment process for Assistant Chiefs for Nyamambi East, Nyamambi West and Waware North sub-locations violated Articles 10(2), 27(1), 35, 47(1) and (2) and 73 of the Constitution. Together with the Petition, the Petitioners filed a Motion seeking interim relief, which the Court granted on 2 August 2023. Directions were issued on 10 August 2023. When the parties appeared for judgment on 4 October 2023, the Public Service Commission informed the Court that the Respondents had decided to recall the recruitment exercise and start it afresh. The Court directed the parties to sign a consent reflecting those indications, but they could not agree on costs, so the Court proceeded to prepare its judgment. The Court noted that the Principal Secretary had, by letter dated 26 September 2023, directed the Regional Commissioner to commence a fresh recruitment process for the same sub-locations, a letter placed on the record by the Public Service Commission. The Court held that the effect of the letter was that the Respondents had admitted to or conceded to the Petition. On that basis, the Court declared the recruitment exercise and interviews conducted for the three sub-locations unconstitutional, unlawful, null and void, and ordered that fresh recruitment be conducted in accordance with the Constitution and applicable statutes. The Respondents were condemned to pay costs on half scale. Judgment was delivered virtually, dated and signed in Kisumu on 11 October 2023.

Key legal issues

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01

Whether the recruitment of Assistant Chiefs for the three sub-locations violated constitutional provisions

Holding

The Court treated the Respondents' decision to recall the exercise and start afresh, communicated through the Principal Secretary's letter, as an admission/concession of the Petition, and declared the recruitment unconstitutional, unlawful, null and void.

Reasoning

At the judgment date, the Public Service Commission informed the Court that the Respondents had decided to recall the recruitment exercise and start it afresh. The Principal Secretary's letter of 26 September 2023 directed the Regional Commissioner to commence a fresh recruitment process. The Court held this amounted to an admission or concession of the Petition, and on that basis issued a declaration of unconstitutionality and ordered a fresh recruitment in accordance with the Constitution and applicable statutes.

p. 2

Legal principles established

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  • An admission or concession by Respondents that a recruitment exercise is being recalled and conducted afresh warrants a declaration that the impugned exercise was unconstitutional, unlawful, null and void.

Court orders

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  1. 1.A declaration that the recruitment exercise and/or interviews conducted by the Respondents regarding Assistant Chiefs in Nyamambi East sub-location, Nyamambi West sub-location and Waware North sub-location was unconstitutional, unlawful, null and void
  2. 2.Fresh recruitment to be conducted in accordance with the Constitution and applicable statutes
  3. 3.Respondents condemned to pay costs on half scale

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 10(2), 27(1), 35, 47(1) and (2), 73
Jurisdiction invoked
Alleged violations of Articles 10(2), 27(1), 35, 47(1) and (2) and 73 of the Constitution

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ouma & 5 others v Principal Secretary, Ministry of Interior & Coordination of National Government & 4 others (Petition E021 of 2023) [2023] KEELRC 2456 (KLR)", Case Analysis (2023). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2456/eng@2023-10-11

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