Republic v Lapfund; Guyo (Ex parte) (Judicial Review Application E050 of 2023) [2024] KEELRC 923 (KLR)
The bottom line
#The Employment and Labour Relations Court dismissed a challenge to Lapfund's new CEO qualifications because the applicant lacked leave and failed to prove the requirements were unlawful.
What this practically means
#Executive summary
#Key legal issues
#Whether leave was obtained prior to filing the judicial review motion
The applicant did not obtain or exhibit the requisite leave, satisfying the respondent's objection
The respondent objected that no leave was sought and obtained prior to filing as required under order 53. The court found the verifying material did not refer to any leave and the applicant neither exhibited an order of leave nor answered the objection, so the motion was procedurally deficient.
Whether the introduction of new CEO qualifications was ultra vires
The applicant failed to establish ultra vires conduct, procedural impropriety, unreasonableness, irrationality, illegality or unconstitutionality
The applicant alleged that adding qualifications in Corporate Governance Training and Trustee Development Program Kenya conflicted with the Mwongozo Code and the Lapfund Act. The court held the applicant did not show the legal basis for the allegation, while the respondent's Board acted within its statutory recruitment mandate under section 5 of the Lapfund Act.
Whether the re-advertisement caused prejudice
No prejudice was shown; the changes affected all potential applicants equally
The applicant argued the cancellation and re-advertisement of the CEO vacancy was irregular. The court found no evidence of prejudice to any person, as the new qualification requirements applied uniformly to all prospective applicants.
Legal principles established
#- An applicant for judicial review must obtain and exhibit the requisite leave before filing the substantive notice of motion
- Certiorari will not issue where the applicant has not demonstrated procedural impropriety, unreasonableness, irrationality, illegality or unconstitutionality
Court orders
#- 1.The notice of motion dated 21.10.2023 seeking the judicial review order of certiorari is dismissed
- 2.Costs of the application to the respondent
- Jurisdiction invoked
- Order 53 of the Civil Procedure Rules 2010, sections 1A, 1B and 3A of the Civil Procedure Act Cap. 21 and all other enabling laws
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Lapfund; Guyo (Ex parte) (Judicial Review Application E050 of 2023) [2024] KEELRC 923 (KLR)", Case Analysis (2024). Judicial Review Application - Notice of Motion dated 21.10.2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/923/eng@2024-04-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.