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ELRCDismissedNot stated in the judgment (Notice of Motion dated 23rd December 2024 in an accompanying Petition)· [2025] KEELRC 1204 (KLR)

Osman v Ministry of Interior and National Administration & 4 others (Employment and Labour Relations Petition E217 of 2024) [2025] KEELRC 1204 (KLR)

Employment and Labour Relations Court
29 April 2025
HWHellen Wasilwa
2,500 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~10 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to block a chief's appointment because it had already happened, but the officer challenging the recruitment can still fight it in the main case.

What this practically means

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Executive summary

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The Applicant, an Assistant Chief who had acted as Chief of Lagbogol North Location - Hadado Sub-County since the retirement of the substantive chief, moved the court by Notice of Motion dated 23rd December 2024 under Section 44(1) & 3 of the Employment and Labour Relations Rules, 2024 and the High Court Vacation Rules. He sought conservatory injunctions restraining the 1st to 4th Respondents from effecting the appointment of any person to the position of Chief II, restraining assumption of office, and restraining his removal from the acting position. He claimed he ranked first in the July 2023 recruitment (86.4%), but the position was re-advertised in March 2024 without reasons, after which the 5th Respondent - allegedly a brother of the retired chief and of a majority sub-clan - was ranked first and appointed, breaching Articles 27 and 47 of the Constitution through nepotism and discrimination. The 1st Respondent explained that the first round was vitiated because some candidates, including the Applicant (KCSE grade C-), lacked the advertised C plain minimum, necessitating fresh recruitment. The 5th Respondent maintained the process was lawful and transparent and sought expungement of confidential third-party documents. The court framed one issue: whether a prima facie case with probability of success had been established. Holding that the appointment had already been effected and the 5th Respondent had assumed office, the court found the application overtaken by events, declined the conservatory orders, and directed the main petition to proceed, with costs in the petition.

Key legal issues

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Whether the Applicant established a prima facie case with a probability of success warranting conservatory orders

Holding

The court found the application overtaken by events since the appointment had been effected and the 5th Respondent had assumed office, and declined to grant the conservatory orders

Reasoning

The court framed the sole issue as whether a prima facie case with probability of success had been established. Rather than assessing the merits in depth, it observed that the 5th Respondent had already been appointed and had assumed office, so the orders sought to prevent the appointment and assumption of office were moot and could not issue. The court directed that the substantive petition proceed, with costs reserved to the petition.

p. 6

Legal principles established

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  • Conservatory orders will not issue in respect of an appointment that has already been effected; the court must consider the current state of affairs

Court orders

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  1. 1.The application seeking conservatory orders is declined/dismissed
  2. 2.The main petition to proceed
  3. 3.Costs in the petition
Jurisdiction invoked
Employment and Labour Relations Rules, 2024, Section 44(1) & 3 and the High Court (Practice And Procedure) Vacation Rules, Part 1 Rule 3

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, "Osman v Ministry of Interior and National Administration & 4 others (Employment and Labour Relations Petition E217 of 2024) [2025] KEELRC 1204 (KLR)", Case Analysis (2025). Not stated in the judgment (Notice of Motion dated 23rd December 2024 in an accompanying Petition). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1204/eng@2025-04-29

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