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Okiya Omtatah Okoiti & Nyakina Wyclife Gisebe v. Anne Waiguru - Cabinate Secretary, Devolution and Planning, Joseph Kinyua - State House Chief of Staff and Head of Public Service, Peter O. Mangiti - Principal Secretary, Devolution and Planning, Margaret Kobia - Chairperson, Public Service Commission

(2017) JELR 94840 (CA)

Court of Appeal  •  Civil Appeal 4 of 2015  •  10 Mar 2017  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. In this appeal, the appellants urge that the matters arising for determination before the Employment and Labour Relations Court (the ELRC) in Petition No. 42 of 2014 raise a substantial question of law within the meaning of Article 165(4) of the Constitution. The appellants contend that the ELRC erred in refusing to accede to their request to have the matter placed before the Chief Justice to constitute a bench of three judges to hear and determine the Petition. We are invited to overturn the ruling of the ELRC in that regard made on 15th October 2014 and to pronounce the principles that should guide the lower courts when faced with an application under Article 165(4) of the Constitution.

Background

2. In a petition dated 19th June 2014, the appellants complained that the 1st respondent, a cabinet secretary at the time, acted beyond her powers by unconstitutionally and illegally removing and appointing persons from and into offices in the public service; meddling…

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