Mboga & 3 others v Public Service Commission & 3 others; South Eastern Kenya University (Respondent) (Petition E004 of 2024) [2025] KEELRC 722 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Adequacy of pleading in a constitutional petition
The petition failed to plead with particularity the specific facts of the alleged violation and the nature of injury caused, as required by Rule 10(2)(d) of the Mutunga Rules and the Anarita Karimi Njeru standard
The Court held that the petitioners merely cited Article 41 and stated their understanding of its meaning without particularizing facts or adducing evidence of violation. They also failed to disclose the nature of injury caused to themselves or to the public. As beneficiaries of the programme who were now working, they had suffered no loss.
Whether the internship programme violated Article 41 (fair labour practices)
No violation established; interns are deemed public officers during the internship and receive full benefits of public officers
Under Regulation 45(6), interns are deemed public officers for the duration of the internship and are subject to the applicable regulations and code of conduct. The graduates are not employed to established posts but are assigned as trainees under a regulatory framework, which distinguishes the case from the TSC case where teachers held established positions without such a framework.
Whether non-absorption of former interns into permanent employment was discriminatory contrary to Article 27
Alleged discrimination not established; assured absorption would itself discriminate against qualified persons who were never interns
The Court found no comparability with other programmes cited by the petitioners, and held that priority absorption of former interns without competitive recruitment would disadvantage other qualified applicants, contrary to Articles 27 and 232(1)(g), (h) and (i). The regulatory framework, unchallenged by the petitioners, expressly provides that internship is not a guarantee of employment.
Legal principles established
#- A party alleging constitutional violation must plead with reasonable precision and particularize the violation and the injury caused, per Rule 10(2)(d) of the Mutunga Rules and the Anarita Karimi Njeru standard
- Absorption or employment of former interns on priority or favoured basis without competitive recruitment would itself be discriminatory against non-former interns
- Under Regulation 45 of the Public Service Commission Regulations, an intern is a supervised trainee on a non-renewable one-year engagement that does not guarantee employment
Court orders
#- 1.The petition is dismissed
- 2.Each party to bear own costs
- 3.The Deputy Registrar to cause the case file returned to the Machakos Sub-Registry forthwith
- Jurisdiction invoked
- Article 41, 27 and 233 of the Constitution of Kenya, 2010; Mutunga Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mboga & 3 others v Public Service Commission & 3 others; South Eastern Kenya University (Respondent) (Petition E004 of 2024) [2025] KEELRC 722 (KLR)", Case Analysis (2025). Petition dated 23.09.2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/722/eng@2025-03-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.