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1. The petitioners herein filed the petition dated 18.7.25 seeking :
a) A declaration that the deployment of the 4th and 5th Respondents as Principal Kisii National Polytechnic vide the letter dated 20th Feb 2025 and handing over memos dated 27th Feb 2025 violated the Petitioners'' fundamental rights to article 27, 41 and 47 of the constitution.
b) A declaration that the deployment of the 4th and 5th Respondents as Principal Kisii National Polytechnic vide the letter dated 20th Feb 2025 and handing over memos dated 27th Feb 2025 violated the Petitioners'' fundamental rights to article 27, 41 and 47 of the constitution.
c) c) A declaration that the 2nd and 3rd Respondents lacks constitutional or statutory authority to deploy the 4th and 5th Respondents.
d) A declaration that the 1st. 2nd 3rd 4th and 5th Respondents are unfit to hold any public office for gross abuse of office, gross misconduct and gross violation of the Leadership and Integrity Act.
e) e) An Order be issued directing the 1st, 2nd 3rd, 4THand 5TH Respondents to vacate office for gross abuse of office, gross misconduct and gross violation of the Leadership and Integrity Act and TVET Act. f) An order directing the 1st Respondent to advertise the position of the Principal within two months from the date of this judgment. g) A Penalty of Ksh 5 million be imposed against the 1st,2nd ,3rd, 4THand 5th Respondents.
2. The 2nd , 3rd , 4th, 5th, 6th and 7th Respondents are represented herein by the Honourable Attorney General who filed a preliminary objection to the Notice of Motion and Petition dated 18th July, 2025 on the following grounds:
a. THAT this Honourable Court is devoid of jurisdiction to entertain the Petitioners'' Application and Petition by virtue of the mandatory provisions of Article 162 (2) (a) of the Constitution Of Kenya, 2010 as read together with sections 4 and 12 of the Employment and Labour Relations Act (Cap. BE, Laws of Kenya) and as such, the same is a non-starter, incurably bad in law and an abuse of the Court process.
b.THAT the Petitioners'' cause of action is substantially an employment dispute challenging the recruitment, selection, appointment, transfer and deployment of the 4th and 5th Respondents as Principals of Kitale and Kisii National Polytechnic respectively which is within the exclusive original jurisdiction of the Employment and Labour Relations Court.
b. THAT the 2nd, 3rd, 4th, 5th, 6th and 7th Respondents will be highly prejudiced if the Petitioners'' Application and Petition are heard and determined as filed, before the determination of this Notice of Preliminary Objection.
3. The notice of motion came up for directions on but parties were absent and hence I reserved the the4 same for ruling .
4. It is trite law the Jurisdiction is everything and the court must pen down where it finds that it lacks the same as was held in the the locus classicus decision of Nyarangi, J.A. in The Owners of Motor Vessel Lilian “S” v. Caltex Oil Kenya Ltd. ]1989] KLR 1 . 6. The petition herein touches on deployment of 4th and 5th respondents as the principal of Kisii National Polytechnic . The I find that this Honourable Court is devoid of jurisdiction to entertain the Petitioners'' Application and Petition by virtue of the mandatory provisions of Article 162 (2) (a) & Article 165 (5) (b of the Constitution Of Kenya, 2010 as read together with sections 4 and 12 of the Employment and Labour Relations Act and as such, the same is a non-starter, incurably bad in law and an abuse of the Court process. The objection is upheld
5. The petition herein and the application are thus struck out for want of jurisdiction . Each party to bear it’s own costs .
T.A ODERA
JUDGE
29. 10.25
DELIVERED ON THIS 29TH DAY OF COTBOER 2025 IN THE PRESENCE OF MR MASOLO FOR PETITIONERS. N/A FOR 2ND-7TH RESPONDENTS . CA- MR KIPCHIRCHIR
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1. The petitioners herein filed the petition dated 18.7.25 seeking :
a) A declaration that the deployment of the 4th and 5th Respondents as Principal Kisii National Polytechnic vide the letter dated 20th Feb 2025 and handing over memos dated 27th Feb 2025 violated the Petitioners'' fundamental rights to article 27, 41 and 47 of the constitution.
b) A declaration that the deployment of the 4th and 5th Respondents as Principal Kisii National Polytechnic vide the letter dated 20th Feb 2025 and handing over memos dated 27th Feb 2025 violated the Petitioners'' fundamental rights to article 27, 41 and 47 of the constitution.
c) c) A declaration that the 2nd and 3rd Respondents lacks constitutional or statutory authority to deploy the 4th and 5th Respondents.
d) A declaration that the 1st. 2nd 3rd 4th and 5th Respondents are unfit to hold any public office for gross abuse of office, gross misconduct and gross violation of the Leadership and Integrity Act.
e) e) An Order be issued directing the 1st, 2nd 3rd, 4THand 5TH Respondents to vacate office for gross abuse of office, gross misconduct and gross violation of the Leadership and Integrity Act and TVET Act. f) An order directing the 1st Respondent to advertise the position of the Principal within two months from the date of this judgment. g) A Penalty of Ksh 5 million be imposed against the 1st,2nd ,3rd, 4THand 5th Respondents.
2. The 2nd , 3rd , 4th, 5th, 6th and 7th Respondents are represented herein by the Honourable Attorney General who filed a preliminary objection to the Notice of Motion and Petition dated 18th July, 2025 on the following grounds:
a. THAT this Honourable Court is devoid of jurisdiction to entertain the Petitioners'' Application and Petition by virtue of the mandatory provisions of Article 162 (2) (a) of the Constitution Of Kenya, 2010 as read together with sections 4 and 12 of the Employment and Labour Relations Act (Cap. BE, Laws of Kenya) and as such, the same is a non-starter, incurably bad in law and an abuse of the Court process.
b.THAT the Petitioners'' cause of action is substantially an employment dispute challenging the recruitment, selection, appointment, transfer and deployment of the 4th and 5th Respondents as Principals of Kitale and Kisii National Polytechnic respectively which is within the exclusive original jurisdiction of the Employment and Labour Relations Court.
b. THAT the 2nd, 3rd, 4th, 5th, 6th and 7th Respondents will be highly prejudiced if the Petitioners'' Application and Petition are heard and determined as filed, before the determination of this Notice of Preliminary Objection.
3. The notice of motion came up for directions on but parties were absent and hence I reserved the the4 same for ruling .
4. It is trite law the Jurisdiction is everything and the court must pen down where it finds that it lacks the same as was held in the the locus classicus decision of Nyarangi, J.A. in The Owners of Motor Vessel Lilian “S” v. Caltex Oil Kenya Ltd. ]1989] KLR 1 . 6. The petition herein touches on deployment of 4th and 5th respondents as the principal of Kisii National Polytechnic . The I find that this Honourable Court is devoid of jurisdiction to entertain the Petitioners'' Application and Petition by virtue of the mandatory provisions of Article 162 (2) (a) & Article 165 (5) (b of the Constitution Of Kenya, 2010 as read together with sections 4 and 12 of the Employment and Labour Relations Act and as such, the same is a non-starter, incurably bad in law and an abuse of the Court process. The objection is upheld
5. The petition herein and the application are thus struck out for want of jurisdiction . Each party to bear it’s own costs .
T.A ODERA
JUDGE
29. 10.25
DELIVERED ON THIS 29TH DAY OF COTBOER 2025 IN THE PRESENCE OF MR MASOLO FOR PETITIONERS. N/A FOR 2ND-7TH RESPONDENTS . CA- MR KIPCHIRCHIR
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