Okindi v Kenya Maritime Authority (Cause E093 of 2024) [2025] KEELRC 2685 (KLR)
The bottom line
#A Kenyan court ordered Kenya Maritime Authority to reveal interview score sheets and explain why a job applicant was rejected, but refused his promotion and pay claims.
What this practically means
#Executive summary
#Key legal issues
#Whether the respondent's failure to provide interview score sheets and recruitment feedback violated Articles 10 and 35 of the Constitution
Yes; the respondent is compelled to provide the internal interview score sheets and results and to give formal reasons for non-shortlisting
The respondent is a state agency bound by Article 10 values of accountability. Upon a reasonable request, a public entity is obliged to provide access to relevant information under Article 35. Failing to explain non-shortlisting, and only responding when suit is filed, constitutes an unfair labour practice; transparency gives applicants confidence in future applications.
Whether the failure to promote the claimant or adjust his salary on return from secondment constituted discrimination
No; the claimant was not similarly situated to the three Coast Guard secondees and his secondment terms were conditional on the receiving county bearing his remuneration
Discrimination under Article 27 and section 5 of the Employment Act requires unjustifiable differential treatment. The claimant's secondment letter expressly provided that salary, allowances and annual increments would be paid by the County Government of Lamu. The comparators' secondment conditions were not placed before the court, and they were senior technical officers.
Whether the claimant was entitled to backdated promotion and salary arrears of Ksh. 6,509,000
No; the claim would amount to double remuneration and the arrears were in any event paid
Section 42(2) of the Public Service Commission Act places remuneration during secondment on the receiving organisation. The respondent confirmed the claimant was paid salary arrears for the secondment period and he did not challenge that payment. Pension contributions not effected by the county can be addressed outside the proceedings.
Legal principles established
#- A public body is obliged to be transparent and accountable in its recruitment processes and to grant feedback to applicants upon reasonable request, subject only to national security, safety or legal exceptions
- Failure to give an internal applicant feedback on why he was not shortlisted is an unfair labour practice
- Unless there is agreement to the contrary, the organisation to which a public officer is seconded bears all costs, remuneration, allowances and benefits during the secondment
Court orders
#- 1.The respondent shall provide the claimant the score sheets and results for the internal interviews for the position of Human Resource Officer (Talent Management) within 14 days from the date of judgment
- 2.The respondent shall issue a formal response to the claimant on his applications dated 4 August 2023 for the position of Principal Human Resource Officer (Talent Management) and application dated 5 January 2024 for the same position and that of Human Resource Officer (Learning and Development) within 14 days from the date of judgment
- 3.The claimant to report to court on compliance on 16 October 2025
- 4.The claimant is awarded 50% of his costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act; claim framed on Article 10, Article 27, Article 35 of the Constitution and Section 5 of the Employment Act (provisions discussed in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Okindi v Kenya Maritime Authority (Cause E093 of 2024) [2025] KEELRC 2685 (KLR)", Case Analysis (2025). ELRC Cause at Mombasa (number not stated in judgment; claimant's related petition referenced as Mombasa ELRC Petition No. E012 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2685/eng@2025-10-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.