JudgmentLawrence Nicholas Mutembei VS Tharaka Nithi County Public Service Board AND Public Service Commission
Case law
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Division and case type: Employment and Labour Relations CourtJudicial Review
…The objection stands on the ground that the court lacks jurisdiction to entertain the motion since the applicant did not exhaust internal appeal mechanism provided under the Public Service Commission (PSC) Act. 2.…
…It was submitted for the 1st respondent that the court lacks jurisdiction to entertain the motion since the applicant did not exhaust the appeal mechanism provided by section 88 of the Public Service Commission Act and Regulation…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The applicant wrote another protest letter dated 15th October 2020 stating that his redeployment was irregular, illegal, and unprocedurally done contrary to the rules and regulations of Public Service.…
…He faulted the decision by the Public Service Commission for failure to order reinstatement to employment despite having made a finding that his redeployment and redesignation was irregular and illegal and even awarding him…
Division and case type: Employment and Labour Relations CourtJudicial Review
…It was the Applicant’s case that the criteria used by the Public Service Board is prejudicial to him and contravenes the principles of governance and national values. 7.…
…Appeals to the Public Service Commission (1) Any person dissatisfied or affected by a decision made by the County Public Service Board or a person in exercise or purported exercise of disciplinary control against any county…
Division and case type: Employment and Labour Relations CourtJudicial Review
…It is deposed that the Judicial Review filed herein is speculative as the Ex-parte Applicant seems to be apprehensive that the motion on allegations of incompetence, violation of the County Assembly Services Act and Public…
Division and case type: Judicial Review and Labour Rights DivisionJudicial Review
….………….. 1ST RESPONDENT PUBLIC SERVICE COMMISSION……………..…….…. 2ND RESPONDENT DR ANTONETA NJERI KARIRU……………….…
…Service Commission Act and the Public Service Commission Regulations 2020. …
Division and case type: Employment and Labour Relations CourtJudicial Review
…Reliance was also placed on Section 9(2) of the Fair Administrative Action Act and decision in Republic V Public Service Commission & another: Kirinyaga Public Service Board Ex Parte [2023] KEERLC 3350 (KLR) to urge that…
…of the Public Service Commission can only be enforced is it in an Order of the Employment and Labour Relations Court.…
Division and case type: Judicial Review and Labour Rights DivisionJudicial Review
….… PETITIONER VERSUS PUBLIC SERVICE COMMISSION OF KENYA & MASENO UNIVERSITY…………………………………………..….……......…
…That applications to the Public Service Commission were always accepted in sealed envelopes and are subsequently unsealed and recorded and there was no record of the application for Maseno University.…
Division and case type: Employment and Labour Relations CourtJudicial Review
The court granted an ex parte application for mandamus compelling the Respondent to pay Kshs. 2,592,970 in costs assessed by the Deputy Registrar in ELRC Petition No. 10 of 2015 and certified on October 20, 2016. The court found the application was not premature or res judicata, as the prior judicial review application was remitted for determination on merit. The Respondent's argument that the costs were not payable under section 103 of the Public Finance Management Act was rejected, and the court ordered payment through M/S Julius Juma & Co. Advocates.
Division and case type: Judicial Review and Labour Rights DivisionJudicial Review
…Public Service Commission, Commission House P.O. Box 30095-00100 NAIROBI as per the advertisement.…
…“Application for the position of Vice-Chancellor, Maseno University" and delivered to THE SECRETARY/CEO Public Service Commission, Commission House, P.O. Box 30095-00100, NAIROBI.”…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The applicant is an employee of the county public service, Migori. 12.…
…Section 77 of the County Governments Act provides: 77 Appeals to the Public Service Commission (1) Any person dissatisfied or affected by a decision made by the County Public Service Board or a person in the exercise or purported…
Division and case type: Judicial Review and Labour Rights DivisionJudicial Review
….… PETITIONER VERSUS PUBLIC SERVICE COMMISSION OF KENYA & MASENO UNIVERSITY………………………………………..….……......…
…the 2nd Respondent submitted on several issues namely; provisions of Rule 17(7) of the ELRC Rules and Order 45 Rule 1 of the Civil Procedure Rules, whether the applicant had sufficient reasons for review of stay orders, public…
Division and case type: High Court Judicial ReviewJudicial Review
…determination is the one dated 25th February, 2025 wherein the Applicant seeks orders that: - 1) That an order of mandamus do issue to the 1st and 2nd respondents, being the County Government of Machakos and The County Public…
…Service Board of Machakos to pay the Applicant Anderson Kimani Njoroge the sum of Kshs. being the decretal amount in Milimani Chief Magistrate Court at Nairobi Employment Case No. 1133 of 2019 together with Kshs. 90,038/…
Division and case type: High Court Judicial ReviewJudicial Review
…The applicant seeks for orders: 1) That the Applicant, Anderson Njoroge Kimani, be granted leave to apply for an order of Mandamus issued to the 1st and 2nd Respondent, The County Government of Machakos and The County Public…
…Service Board of Machakos, to pay to the Applicant the sum of Kshs 1,016,710 being the Decretal amount in Milimani Chief Magistrate Court at Nairobi Employment Case No. 1133 of 2019 together with Kshs 90,030/= being the…
Division and case type: High Court Judicial ReviewJudicial Review
Division and case type: CHR and JRJudicial Review
Division and case type: Employment and Labour Relations CourtJudicial Review
The court considered an application to enlarge time for filing a Notice of Appeal out of time due to system downtime in the Judiciary CTS. The Applicant argued that the delay was beyond its control, as the CTS was down from 20th August 2024, preventing timely filing within the 14-day limitation period ending 23rd August 2024. The court found the delay was only one day, the explanation for the delay was credible, and the application met the legal threshold for enlargement of time under Section 7 of the Appellate Jurisdiction Act. The court granted the enlargement of time for filing the Notice of Appeal, applying the principles from Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR, and ruled that the applicant’s explanation for the delay was sufficient and the application was not frivolous.
Division and case type: High Court DivJudicial Review
…Service Commission.…
…Service Commission Regulations, 2020. 22.…
Division and case type: Employment and Labour Relations CourtJudicial Review
The court dismissed the Applicant's motion for an interim conservatory order, finding it fatally defective for failing to comply with statutory requirements for judicial review proceedings. The Applicant had filed the motion before obtaining leave to apply for judicial review, which is required under Order 53 Rule 1 of the Civil Procedure Rules. The court held that the motion was improperly filed without prior leave, as the Applicant's judicial review application was heard and determined on 13th March 2024, but the motion was filed on 4th March 2024. The court emphasized that the procedural rules governing judicial review must be followed to prevent misuse of court resources and ensure only cases fit for consideration proceed.
Division and case type: Employment and Labour Relations CourtJudicial Review
…As far as this court is concerned, it has fully exercised its mandate under section 89(1) of the Public Service Commission Act in Misc. Application No.1 of 2021.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…E002 OF 2026 BETWEEN KENYA UNION OF CLINICAL OFFICERS…………………….APPLICANT VERSUS CHIEF OFFICER HEALTH SERVICES COUNTY GOVERNMENT OF MARSABIT………………1 ST RESPONDENT MARSABIT COUNTY PUBLIC SERVICE BOARD……..2 ND RESPONDENT COUNTY…