Wilfred Murithi Kirima,Douglas Mbae Kiogora,Christopher Mwiti,Patrick Kirigia,Martin Mwenda,Francis Curukia & Adam Yassin v Meru County Public Service Board [2018] KEHC 3633 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT KENYA AT MERU

CONSTITUTIONAL NO. 22 OF 2018

IN THE MATTER OF ARTICLES 1,2,3, 10, 12, 19, 20, 21, 22, 23, 27, 47, 49,73,80,232,259 and 260 OF THE CONSTITION OF KENYA, 2010

AND

IN THE MATTER OF THE COUNTY GOVERNMENTS ACT, ACT NO. 17 OF 2012

AND

IN THE  MATTER OF THE PUBLIC SERVICE (VALUES AND PRINCIPLES) ACT, 2015

AND

IN THE MATTER OF ONGOING RECRUITMENT BY MERU COUNTY PUBLIC SERVICE BOARD

BETWEEN

WILFRED MURITHI KIRIMA.............................................1ST PETITIONER

DOUGLAS MBAE KIOGORA..............................................2ND PETITIONER

CHRISTOPHER MWITI.......................................................3RD PETITIONER

PATRICK KIRIGIA...............................................................4TH  PETITIONER

MARTIN MWENDA..............................................................5TH  PETITIONER

FRANCIS CURUKIA............................................................6TH  PETITIONER

ADAM YASSIN........................................................................7TH PETITIONER

VERSUS

MERU COUNTY PUBLIC SERVICE BOARD........................RESPONDENT

RULING

Wilfred Murithi Kiremia and 6 others filed this petition on 31. 7.2018 under certificate of urgency seeking that the court grants Conservatory orders barring the Respondent from 13th August 2018 as per list of shortlisted candidates for various positions advertised has been publicized.

The application is supported by the ground on the face of the application and supporting affidavit of Wilfred Murithi Kirima.  The Petition (Grounds of the petition Constitutional Violations) as well as prayers being sought in the petition. Annexed to the application is a publication of the vacancies being sought to be filled by the County Government of Meru Public Service Board and Interview list and schedule of interviews for various positions.

The Respondents filed a Reply to the Petition and application as well as preliminary objection arguing that this court doesn’t have jurisdiction to deal/preside over this matter that relates to Employment and Labour Relations Court. The Preliminary objection is opposed for reasons that petition relates to breach and/or violations of the constitution.

As rightly submitted the jurisdiction of this court is provided for under Article 165 (3) & (4) Article 165 (3) & (4).  Article 165 5(b) excludes High court’s jurisdiction in respect of matters falling within the jurisdiction of the courts contemplated in Article 162 (2) of the constitution i.e Employment and Labour Relations court and Environment and Land Court.

I have considered the preliminary objection and find that this petition herein obviously relates to Employment/recruitment and should be tried by the special court created under Article 162 (2) of the Constitution.  In consideration of this courts authority under Article 159(2). The Deputy Registrar is therefore directed to send a runner to the Employment & Labour Relations court in Nairobi and place this file before the duty Judge for consideration under certificate of urgency. The costs of such running shall be borne by the Petitioner.

HON. A.ONG’INJO

JUDGE

RULING DELIVERED, SIGNED AND DATED THIS 10TH DAY OF AUGUST 2018

IN THE PRESENCE OF:

C/A:- Penina

Petitioner:- Mr. Kiogora Adv for Petitioners

Respondent: Mr. Mwirigi Adv for Respondent

HON. A.ONG’INJO

JUDGE