Case ID:159665

Republic v Maasai Mara University Council & another; Ex-parte Applicant: Okiya Omtatah Okoiti [2020] eKLR

Case Metadata

Case Number:

Judicial Review Application 120 of 2020

Parties:

Republic v Maasai Mara University Council & Mohamed Abdile; Ex-parte Applicant: Okiya Omtatah Okoiti

Date Delivered:

03 Jun 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Pauline Nyamweya

Citation:

Republic v Maasai Mara University Council & another; Ex-parte Applicant: Okiya Omtatah Okoiti [2020] eKLR

Court Division:

Judicial Review

County:

Nairobi

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

JUDICIAL REVIEW APPLICATION NO. 120 OF 2020

IN THE MATTER OF AN APPLICATION FOR LEAVE FOR

JUDICIAL REVIEW

ORDERS OF

CERTIORARI, MANDAMUS AND PROHIBITION

BETWEEN

REPUBLIC.........................................................................................................APPLICANT

VERSUS

MAASAI MARA UNIVERSITY

COUNCIL......................................

1

ST

RESPONDENT

PROF. MOHAMED ABDILE................................................................

2

ND

RESPONDENT

EX PARTE APPLICANT: OKIYA OMTATAH OKOITI

RULING

The Application

1. The

ex parte

Applicant herein has moved this Court in an application brought by way of a Chamber Summons dated 2

nd

June 2020, in which he is seeking the following orders:

1.

THAT the Court be pleased to certify the application as extremely urgent and hear it

ex-parte

at the earliest opportunity.

2. THAT leave be granted to the

Ex Parte

Applicant to seek by way of Judicial Review, that an order of certiorari do issue, to bring to this Court for purposes of being quashed, and to be quashed:

a. The decision made by the 1

st

Respondent not to refer the matter to the Public Service Commission, which has jurisdiction to sit on appeal over such decisions of the Council, and instead constitute an Ad Hoc Appeals Committee of the Council to hear and determine the 2

nd

Respondent’s appeal against his summary dismissal by the

predecessor Council as the Maasai Mara University’s Deputy Vice Chancellor (Administration, Finance & Planning).

b. The

decision made by the 1

st

Respondent’s Ad Hoc Appeals Committee to hear the 2

nd

Respondent’s appeal, which was filed out of time, against his summary dismissal by the full Council as the

Maasai Mara University’s Deputy Vice Chancellor (Administration, Finance & Planning).

c. The decision made by the 1

st

Respondent’s Ad Hoc Appeals Committee to reinstate the 2

nd

Respondent as the

Maasai Mara University’s Deputy Vice Chancellor (Administration, Finance & Planning).

3. THAT leave be granted to the ex-parte applicant to seek by way of Judicial Review, that an order of prohibition do issue, prohibiting the respondents herein, and any other person howsoever acting, from implementing, giving effect to, or enforcing:

a. The decision made by the 1

st

Respondent not to refer the matter to the Public Service Commission, which has jurisdiction to sit on appeal over such decisions of the Council, and instead constitute an Ad Hoc Appeals Committee of the Council to hear and determine the 2

nd

Respondent’s appeal against his summary dismissal by the

predecessor Council as the Maasai Mara University’s Deputy Vice Chancellor (Administration, Finance & Planning).

b. The

decision made by the 1

st

Respondent’s Ad Hoc Appeals Committee to hear the 2

nd

Respondent’s appeal, which was filed out of time, against his summary dismissal by the full Council as the

Maasai Mara University’s Deputy Vice Chancellor (Administration, Finance & Planning).

c. The decision made by the 1

st

Respondent’s Ad Hoc Appeals Committee to reinstate the 2

nd

Respondent as the

Maasai Mara University’s Deputy Vice Chancellor (Administration, Finance & Planning).

4. THAT leave be granted to the

Ex Parte

Applicant to seek by way of Judicial Review, that an order of mandamus do issue, to compel the 1

st

Respondent

to enforce the summary dismissal of the 2

nd

Respondent.

5. THAT pending the filing, hearing, and the final determination of the substantive Judicial Review Notice of Motion herein, or until further Court Orders, leave so granted do operate as a stay or suspension of:

a. The decision made by the 1

st

Respondent not to refer the matter to the Public Service Commission, which has jurisdiction to sit on appeal over such decisions of the Council, and instead constitute an Ad Hoc Appeals Committee of the Council to hear and determine the 2

nd

Respondent’s appeal against his summary dismissal by the

predecessor Council as the Maasai Mara University’s Deputy Vice Chancellor (Administration, Finance & Planning).

b. The

decision made by the 1

st

Respondent’s Ad Hoc Appeals Committee to hear the 2

nd

Respondent’s appeal against his summary dismissal which was filed out of time.

c. The decision made by the 1

st

Respondent’s Ad Hoc Appeals Committee to reinstate the 2

nd

Respondent.

6. THAT consequent to the grant of the prayers above the Court be pleased to issue such further directions and orders as may be necessary to give effect to the foregoing orders, and/or favour the cause of justice.

7. THAT costs be in the cause.”

2. The application is supported by a statutory statement dated 2

nd

June 2020, and a verifying affidavit sworn on the same date by the

ex parte

Applicant. After a perusal of the

ex parte

Applicant’s pleadings, I note that his main grievance and grounds for the application is the reinstatement of the 2

nd

Respondent to the position of the Maasai Mara University’s Deputy Vice Chancellor (Administration), which he claims was done in an

ultra vires

manner by the 1

st

Respondent’s Ad Hoc Appeals Committee.

3. Particulars of illegality claimed by the

ex parte

Applicant including following:

a. The ultra vires decision by the 1

st

Respondent to constitute an Ad Hoc Appeals Committee to hear and determine the 2

nd

Respondent’s appeal against the decision of the whole Council to summarily dismiss him, which appeal can only be heard and determined by the Public Service Commission

.

b. The

ultra vires

decision made by the 1

st

Respondent’s Ad Hoc Appeals Committee to hear the 2

nd

Respondent’s appeal, which was filed out of time, against his summary dismissal as the

Maasai Mara University’s Deputy Vice Chancellor (Administration, Finance & Planning).

c. The

ultra vires

decision made by the 1

st

Respondent’s Ad Hoc Appeals Committee to reinstate the 2

nd

Respondent as the

Maasai Mara University’s Deputy Vice Chancellor (Administration, Finance & Planning) who was summarily dismissed by the immediate former Council for gross misconduct, and which reinstatement process was devoid of merit.

4. I have reproduced these grounds to illustrate the fact that the

ex parte

Applicant is aggrieved with the process of summary dismissal from, and re-appointment of the 2

nd

Respondent to public office. The

ex parte

Applicant is therefore seeking leave to bring judicial review proceedings in relation to the 2

nd

Respondent’s employment, which falls within the exclusive jurisdiction of the Employment and Labour Relations Court, pursuant to Articles 162(2) (a) and 165(5) of the Constitution, and section 12 of the Employment and Labour Relations Act.

The Orders

5. In the premises I direct and order that this suit be and is hereby transferred to the Employment and Labour Relations Court at Nairobi for further hearing and determination. The

ex parte

Applicants’ Chamber Summons dated 2

nd

June 2020 shall accordingly be placed before the

Duty Judge

at the

Employment and Labour Relations Court at Nairobi

on

9

th

June 2020

for directions.

6. The Deputy Registrar of this Court shall send a copy of this ruling by electronic mail to the

ex parte

Applicant, and to the Deputy Registrar of the Employment and Labour Relations Court at Nairobi, by close of business on 4

th

June 2020.

7. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 3

RD

DAY OF JUNE 2020

P. NYAMWEYA

JUDGE