Judgment[1985] KEHC 42
Ngeyma v Akamba Public Service
High Court at Mombasa
Case law
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Division and case type: CivilCivil Case
…Ngeyma v Akamba Public Service High Court, at Mombasa February 8, 1985 Mandari J Civil Case No 1034 of 1983 Cases Benham Carter v Hyde Park Hotel Ltd [1948] 64 TLR 177 Firozali Noormchmed Haji v Elias Kapomba Toka C A 46/…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
The court upheld the respondent’s preliminary objection to the applicant’s motion for contempt proceedings, ruling that the motion was procedurally defective because it sought to punish public officials for contempt of court without first obtaining judicial review proceedings and an order of mandamus to compel compliance with the court decree. The court held that contempt proceedings against public officers for failure to comply with court orders require prior judicial review and mandamus to establish the officials’ duty to act, as per the precedent in Republic v The Attorney General & Another Exparte James Alfred Koroso (2013) eKLR. The motion was struck with costs for failing to follow the correct procedural steps under the Government Proceedings Act 2022 and Civil Procedure Rules 2010.
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The letter was unambiguous that the appointment would be regularised by the County Public Service Board and had no term limit.…
…Service and the County Public Service Boards would get it all wrong from 2013 to September 2022?…
Division and case type: CHR and JRConstitution and Human Rights Petition (Civil)
……………….PETITIONER VERSUS THE PUBLIC SERVICE COMMISSION………………1ST RESPONDENT MAASAI MARA UNIVERSITY…………………….……2ND RESPONDENT RULING [1] The petitioner, Barawa Sanga, is a resident of Mombasa.…
…He accordingly filed this Petition in the public interest on 21st June 2022 seeking the following reliefs, among others: [a] A declaration that the act of the Public Service Commission in inviting applications for the position…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
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: Claims and Labour Relations DivisionClaim/Causes
The Claimant, as the widow of the deceased Professor Fredrick Otieno, substituted herself as the administratrix of his estate after the deceased's death. She sought declarations and compensation for unlawful termination of employment as Vice Chancellor and Professor, arguing that the termination was unfair, wrongful, and unprocedural due to the Council's decision influenced by an undisclosed Ethics and Anti-Corruption Commission letter, lack of due process, and the termination of both roles without proper contractual renewal. The Respondent denied the claim, asserting the deceased was never properly appointed as a Professor and that the termination followed due process despite investigations. The court granted the Claimant's application to substitute the deceased as administratrix and allowed the amended claim to proceed.
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The Claimant avers that vide a letter dated 10th November, 2011, the then Permanent Secretary Ministry of Local Government directed that non-practice allowance be paid to all professionals in the public service.…
…It states that the Secretary of the Public Service Commission further wrote a letter dated 11th May, 2016, advising County Governments to honour the terms of the CBA. 11.…
Division and case type: Employment and Labour Relations CourtPetitions
…2020 and file a report within 60 days on the compliance and for avoidance of doubt the list of 463 persons as per the following directions:- The 1st respondent has the mandate to employ and create offices within the county public…
…service hence has the statutory mandate to comply with the judgment.…
Division and case type: Employment and Labour Relations CourtPetitions
…authorized by law to make or to do such application, appearance or act for and on behalf of the Government, the Attorney-General or such officer, as the case may be, may by writing under his hand depute an officer in the public…
…service to make or to do any such application, appearance or act.” 4.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…of the Public Service Commission Act.…
…For purposes of context of the foregoing provision, Part XV of the Public Service Commission Act is entitled ‘Hearing and determination of appeals in respect of County Government Public Service’.…
Division and case type: Employment and Labour Relations CourtPetitions
…Service.…
…Service. ii.…
Division and case type: Employment and Labour Relations CourtPetitions
…SERVICE (VALUES AND PRINCIPLES) ACT, NO. 1A OF 2015, PUBLIC SERVICE CODE AND PUBLIC SERVICE SCHEME OF SERVICE, LAWS OF KENYA AND IN THE MATTER OF THE COUNTY PUBLIC SERVICE COMMISSION, HUMAN RESOURCE MANUAL AND THE POLICY…
…Article 234(2)(1) of the Constitution of Kenya provides that the Commission (Public Service Commission) shall (1) hear and determine appeals in respect of County Government’s Public Service.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…SERVICE 2016 BETWEEN FREDRICK MULAA………….……..……………..……...….………………..PETITIONER AND PUBLIC SERVICE COMMISSION…………………….......….……..1 ST RESPONDENT CHIEF OF STAFF AND HEAD OF PUBLIC SERVICE………………2 ND RESPONDENT THE ATTORNEY GENERAL…
…for the mandatory retirement age in the public service.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…David Nderitu Githinji (the Claimant) was employed by the Public Service Commission (the Commission) in 2008 and deployed to State House. 2.…
…(iii) The Claimant’s appeal against dismissal from service was heard and determined by the Public Service Commission pursuant to section 74 of the Public Service Commission Act, cap 185 and Regulation 68 of the Public Service…
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: Claims and Labour Relations DivisionClaim/Causes
…The Kenya County Government Workers Union (the Union) sued the Nairobi City County Public Service Board (the Respondent) on 19 January 2017, and it stated the Issue in Dispute as: Unlawful summary dismissal of Mr Jefferson…
…The Grievant appealed to the Respondent on 2 December 2013 and to the Public Service Commission on 11 February 2015.…
Division and case type: Judicial Review and Labour Rights DivisionPetitions
…The Petitioner was employed in public service in 2006 and has risen through the ranks based on professional competence, attaining the level of SADPP in 2021.…
…equal opportunities for appointment and promotion at all levels of the public service. 14. …
Division and case type: High Court Commercial and TaxCommercial Matters
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. …