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ELRCDismissedPetition dated 6th February, 2025· [2025] KEELRC 1705 (KLR)

Leonard & 3 others v Ministry of Interior and Coordiantion of National Government & 5 others (Employment and Labour Relations Petition E001 of 2025) [2025] KEELRC 1705 (KLR)

Environment and Land Court / High Court of Kenya (Nakuru)
13 June 2025
AMAnna Ngibuini Mwaure
2,952 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The High Court in Nakuru dismissed a challenge to an Assistant Chief's appointment because the petitioners offered no proof of their allegations.

What this practically means

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Executive summary

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The Petitioners challenged the recruitment and appointment of the 6th Respondent, Cherotich Dorothy Sang, as Assistant Chief II for Kiplabotwa sub-location, Bomet County. They alleged that the advertised position required residency in the sub-location and that the 6th Respondent, allegedly from another sub-location with only three months' residence, was unlawfully preferred over fourteen more qualified local applicants, in violation of Articles 10, 27, 47, 48, 54, 73, 174 and 232 of the Constitution and the Public Service Commission Act. They sought declarations of violation, nullification of the appointment, certiorari and mandamus. The 1st, 2nd, 3rd and 5th Respondents maintained that the recruitment was competitive and merit-based, that the 6th Respondent scored highest at 74%, and that an Area Chief's letter and an NIS report affirmed her residency and community ties. The 4th and 6th Respondents did not enter appearance. The court framed a single issue: whether the Petition is merited. Applying sections 107, 108 and 109 of the Evidence Act and the Anarita Karimi Njeru standard as restated in Trusted Society of Human Rights Alliance, the court held that the advertisement was illegible, that no evidence established the 6th Respondent's non-residency, and that the allegations of discrimination and disregard of other applicants were unsubstantiated. The Petition was dismissed with each party bearing their own costs.

Key legal issues

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01

Whether the appointment of the 6th Respondent as Assistant Chief II violated the residency requirement and constitutional principles

Holding

The Petition was not proven; the advertisement was illegible and no evidence showed the 6th Respondent was not a resident

Reasoning

The court found the advertisement document illegible, with no clear definition of 'resident'. The allegation that the 6th Respondent resided in another sub-location for only three months was unsubstantiated. The claim that fourteen more qualified applicants were disregarded was also unsupported by evidence. Under sections 107-109 of the Evidence Act, the burden lay on the Petitioners.

p. 6
02

Whether the Petitioners established violations of Articles 27, 28, 35, 47 and 48 of the Constitution

Holding

No infringement of constitutional rights was established

Reasoning

Applying the Anarita Karimi Njeru standard as restated in Trusted Society of Human Rights Alliance, the court held that a party claiming constitutional infringement must specify particulars. The Petitioners made mere allegations of discrimination, nepotism and political influence without concrete evidence, so no violation was proved.

p. 7

Legal principles established

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  • He who alleges must prove; a person claiming constitutional infringement must specify the particulars infringed

Court orders

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  1. 1.The Petition dated 6th February 2025 is dismissed
  2. 2.Each party will meet their costs of the Petition
Jurisdiction invoked
Articles 22 and 258 of the Constitution of Kenya, 2010

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, "Leonard & 3 others v Ministry of Interior and Coordiantion of National Government & 5 others (Employment and Labour Relations Petition E001 of 2025) [2025] KEELRC 1705 (KLR)", Case Analysis (2025). Petition dated 6th February, 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1705/eng@2025-06-13

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