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ELRCDismissedNot stated in the judgment text provided

Ayieko v National Industrial Training Authority & another (Employment and Labour Relations Petition E070 of 2024) [2024] KEELRC 2307 (KLR)

High Court of Kenya (Constitutional Petition)
20 September 2024
1,748 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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The High Court refused to stop recruitment interviews, ruling that failing to publish shortlists is bad practice but not a legal violation.

What this practically means

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Executive summary

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The Petitioner/Applicant moved the court by Notice of Motion dated 7th May 2024 seeking conservatory orders suspending interviews commencing 8th May 2024 by the 2nd Respondent to fill 50 vacancies pursuant to a newspaper advertisement of July 2022, plus costs. The Petitioner argued that the Respondents, having advertised in July 2022 and only invited interviews in April 2024, failed to publish the list of applicants, shortlisted candidates and interview details, thereby breaching the constitutional values of transparency and accountability under Articles 10 and 232, and that the petition would be rendered nugatory if interviews proceeded. The Respondents countered that over 6,000 applications were received, that procurement of a human resource consultant was delayed by a PPRA complaint, and that cashflow problems delayed the interviews; they asserted no statutory duty to publish shortlists or interview schedules, and challenged the Petitioner's standing since he never applied for any vacancy and relied on an unidentified whistle-blower. Relying on Gatirau Peter Munya v Dickson Mwenda Kithinji and Wilson Kaberia Nkunja v The Magistrate and Judges Vetting Board, the court applied the three-pronged test for conservatory orders. It held there is no legal requirement to publish shortlists or interview details, that such publication is good practice only, and that the Petitioner failed to establish a prima facie case, a violation incapable of cure after the main petition, or a public interest. The application was dismissed with each party bearing their respective costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Applicant is entitled to the conservatory orders sought, namely suspension of the planned interviews to fill 50 advertised vacancies

Key legal issues

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01

Whether conservatory orders should issue to suspend recruitment interviews

Holding

Application dismissed; the Applicant failed to establish a prima facie case, a violation or threat incapable of cure after the petition is heard, or a public interest

Reasoning

The court applied the three-pronged test for conservatory orders. It found no legal requirement to publish the list of shortlisted candidates or the interview details, holding that while transparency is good practice, its absence cannot justify cancelling interviews. The Applicant, who did not apply for any vacancy and relied on an unidentified whistle-blower, failed to show any prejudice or violation. The alleged breaches could be remedied after the main petition is determined.

p. 4

Legal principles established

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  • Grant of conservatory orders requires a prima facie case with likelihood of success, the petition not being rendered nugatory, and consideration of public interest

Court orders

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  1. 1.The Notice of Motion dated 7th May 2024 seeking conservatory orders is dismissed
  2. 2.Each party to meet their respective costs of the application

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Wrote the judgment

Jurisdiction invoked
Original constitutional jurisdiction under Articles 10, 22, 23, 48 and 159(2)(d) of the Constitution of Kenya 2010

Relief refused

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Conservatory order suspending the interviews to fill 50 vacancies advertised on 18th July 2022

Applicant failed to demonstrate a prima facie case with a likelihood of success, a violation or threat of violation that cannot be cured after the main petition, or public interest

p. 4

Costs

Each party to meet their respective costs of the application

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The court finds there is no legal requirement that shortlisted candidates list are published or details of the interviews are made public. The court concedes it would be good practice to give as much information of the recruitment but I find no legal requirement for such a requirement to justify cancellation of interview.
p. 4No statutory duty to publish shortlist or interview details
the petitioner has not established a prima facie case and further he has not laid down the violation or a threat that cannot be cured after the main petition is determined. Further the court has not been shown the public interest that as been violated by the respondent
p. 4Failure to meet conservatory order threshold
The court finds the application therefore is not merited and is dismissed accordingly.
p. 4Disposition - dismissal
The court orders each party to meet their respective costs of this application.
p. 4Costs

Issues in the judgment

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minor

Advertisement date inconsistency: application refers to advertisement of 18th July 2022 while body refers to 22/7/2022 and respondents to 22/6/2022

minor

Public Procurement Regulatory Authority cited as 'PPRA' (normally PPARA/PPRA naming inconsistency) - minor typographical issues including 'sufier' and 'afidavit' suggesting OCR errors

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Ayieko v National Industrial Training Authority & another (Employment and Labour Relations Petition E070 of 2024) [2024] KEELRC 2307 (KLR)", Case Analysis (2024). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2307/eng@2024-09-20

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