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ELRCDismissedJudicial Review (ELRC) Application, Kakamega - notice of motion dated 25th March 2025· [2025] KEELRC 2672 (KLR)

Republic v Bukura Agricultural College & 2 others (Judicial Review E002 of 2025) [2025] KEELRC 2672 (KLR)

Employment and Labour Relations Court of Kenya
2 October 2025
4,518 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court confirmed it can hear recruitment challenges by public-interest litigants, but dismissed this one because the allegations were never proven.

What this practically means

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Executive summary

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The ex-parte applicant sought judicial review orders against Bukura Agricultural College and the Attorney General following the recruitment and appointment of Mr. Paul Kuria Njogu as Principal/CEO of the college. By mandamus, he sought disclosure of the interview panel list, the ranking of candidates by each panelist, and the final tallying sheet; by certiorari, he sought quashing of the appointment on grounds of conflict of interest (the appointee being acting CEO and a Board member), interviews allegedly conducted outside official working hours, absence of public participation, and breach of constitutional values under Articles 10 and 232. The respondents objected on jurisdiction, invoking Article 162(2)(a) of the Constitution and Section 12 of the Employment and Labour Relations Court Act for want of an employer-employee relationship with the applicant, and on locus standi. The court (Nderitu J) rejected the jurisdictional objection, holding that recruitment and appointment are matters incidental to employment and labour relations and that public-spirited litigants may sue under Articles 22 and 258. On the merits, the court found the information sought had already been supplied through affidavit evidence, and that the applicant had failed to prove any illegality: the appointee scored highest (75.4), was appointed by the Cabinet Secretary after the top three candidates were forwarded, played no role in the interviews beyond being a candidate, and the vacancy had been adequately advertised in two dailies. The application was dismissed with no order as to costs.

Key legal issues

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01

Whether the ELRC has jurisdiction over a judicial review challenge to a public body's CEO recruitment and appointment where the applicant is not an employee

Holding

The court has jurisdiction; the challenge targets an employer-employee relationship and the process that created it, and public-spirited litigants may sue under Articles 22 and 258

Reasoning

The court held that Article 162(2)(a) and Section 12 of the ELRC Act delineate subject-matter jurisdiction but do not restrict who may bring matters within that subject matter. Recruitment and appointment are within the court's purview as matters incidental to employment and labour relations. The applicant expressly filed in the public interest. Respondents' counsel was held to have taken a narrow and restrictive view of the jurisdiction.

p. 7
02

Whether the mandamus order for disclosure of interview information should issue

Holding

Refused as moot; the information sought has been supplied through the affidavits and annexures

Reasoning

The court noted the interview attendance register, score-sheets and supporting documents were annexed to the respondents' affidavits and were not contested. It also observed there was no evidence the applicant had first requested the information from the respondents before filing, but since the information was now on record, the mandamus was unnecessary.

p. 7
03

Whether the appointment of Paul Kuria Njogu should be quashed for conflict of interest, interviews outside official hours, and lack of public participation

Holding

Refused; the applicant failed to discharge the burden of proof on all three grounds

Reasoning

The appointee scored highest (75.4 average), was appointed by the Cabinet Secretary, and the record (an internal memo of 10th February 2025 delegating duties to Mr. John Suge) showed he played no role in the interviews beyond being a candidate. No evidence showed night interviews, and the court held that advertising in two dailies with national circulation constituted adequate publicity, so no further public participation was required.

p. 8

Legal principles established

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  • A court that proceeds without jurisdiction labours in vain
  • The ELRC's jurisdiction extends to the recruitment process and appointment creating an employment relationship, and public-interest litigants may invoke it even where they are not parties to the employment relationship
  • Public participation in recruitment is satisfied by adequate publicity inviting applications; it should not impede the functioning of public institutions
  • He who alleges must prove the facts alleged under Sections 107, 108 and 109 of the Evidence Act

Court orders

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  1. 1.The proceedings by the applicant as presented and embodied in the notice of motion dated 21st March 2025 has no merits and the same is hereby dismissed
  2. 2.There is no order as to costs

Authorities

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Legislation

  • Constitution of KenyaArticles 1, 10, 22, 27, 35, 47, 118, 162(2)(a), 162(2)(c), 196, 232, 258
  • Civil Procedure RulesOrder 53 Rules 3(1) & 7
  • Law Reform ActSections 8 & 9
  • Employment and Labour Relations Court ActSection 12 and preamble
  • Bukura Agricultural College ActSection 9
  • Evidence ActSections 107, 108 & 109

Cases cited (11)

  • Judicial Service Commission & Another v Lucy Njora
    (2021) KECA
  • Pastoli v Kabale District Local Government Council & Others
    (2008) 2 EA 300
  • Benson Ritho Mureithi v J.W. Wakhungu
    (2014) eKLR
  • Kenya Tea Growers & 2 Others v National Social Security Fund (NSSF) & 13 Others
  • London Distillers Kenya Limited & Another v Kenya Union of Commercial Food Allied Workers Union
    (2021) eKLR
  • Clive Nyaaga Ogwora v Governor Nyamira County & Another
    (2021)
  • Municipal Council of Mombasa v Republic & Umoja Consultants Ltd
    (2002) eKLR
  • Commissioner of Lands v Kunste Hotel Limited
    (1997) eKLR
  • Havi & 2 Others v Kenya Medical Supplies Authority & 4 Others
    (2023) eKLR
  • Owners of Motor Vessel "Lilian S" v Caltex Oil (Kenya) LTD
  • Samuel Kamau Macharia & Another v Kenya Commercial Bank LTD & Another
Jurisdiction invoked
Article 162(2)(a) of the Constitution and Section 12 of the Employment and Labour Relations Court Act; proceedings filed in the public interest under Articles 22 and 258 of the Constitution

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, "Republic v Bukura Agricultural College & 2 others (Judicial Review E002 of 2025) [2025] KEELRC 2672 (KLR)", Case Analysis (2025). Judicial Review (ELRC) Application, Kakamega - notice of motion dated 25th March 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2672/eng@2025-10-02

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