Abdi Sitati Yusuf v Attorney General, Selection Panel of the Teachers Service Commission, Clerk of the National Assembly, Wycliff Gisembe Nyakina [2013] KEHC 6229 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

CONSTITUTIONAL AND HUMAN RIGHTS DIVISION

PETITION NO. 334 OF 2013

BETWEEN

ABDI SITAR YUSUF..................................................... PETITIONER

AND

ATTORNEY GENERAL........................................ 1ST RESPONDENT

SELECTION PANEL OF THE

TEACHERS SERVICE COMMISSION...............2ND RESPONDENT

CLERK OF THE NATIONAL ASSEMBLY..........3RD RESPONDENT

AND

WYCLIFFE GISEMBE

NYAKINA ……………....…….. INTERESTED PARTY/APPLICANT

RULING

The application before me today is another one concerning the constitution of the Teachers Service Commission (“the TSC”).  The applicant, the interested party, in the Chamber Summons dated 12th July 2013 seeks to review my judgment of 8th July 2013 specifically concerning the position of chairperson.

According to the applicant, the original shortlist of names for chairperson comprised three other names which were not rejected by the National Assembly and should therefore be considered for appointment by the President. Pursuant to the judgment, the Selection Panel has now shortlisted the names and is conducting interviews.

As I stated in my judgment, the issue concerning the TSC is one of transition and the Court must be guided by certain values including good governance in resolving the issues before it.  It is the obligation of the court to ensure that institutions work and have such a capacity to fulfil their constitutional functions.

After hearing the parties, I direct that the persons who had been shortlisted in the initial list but not rejected by the National Assembly should be included in the list to be forwarded to the President for appointment of the Chairperson to the Commission.

DATED and DELIVERED at NAIROBI this 15th July 2013

D.S. MAJANJA

JUDGE