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Ben Chikamai & Board of Directors Kenya Forestry Research Institute v. Peter Macithi Muigai, Cabinet Secretary Environment Natural Resources & Regional Development Authorities & Attorney General

(2018) JELR 105777 (CA)

Court of Appeal  •  Civil Application 59 of 2018 (UR 51/2018)  •  11 May 2018  •  Kenya

Erastus Mwaniki Githinji, Kathurima M'inoti, Stephen Gatembu Kairu



This ruling determines an application brought by the 1st applicant, Ben Chikamai and the 2nd applicant, the Board of Directors, Kenya Forestry Research Institute (KEFRI), under rule 5(2)(b) of the Court of Appeal Rules for stay of execution of the Judgment and Decree of the Employment and Labour Relations Court (Wasilwa, J) dated 31st January 2018, pending the hearing and determination of an intended appeal to this Court. By that judgment, the learned judge nullified the 1st applicant’s appointment as the Chief Executive Officer of the KEFRI and ordered appointment of KEFRI’s Board of Directors within six months, from the date of the decree. The decree was issued on the basis of the findings that the 1st appellant was in office contrary to the law and Government policy and also in violation of the competitive recruitment process demanded by the Constitution. As for the Board, the order for appointment was based on a finding by the court that there was no Board of Di…

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