George Olilo Mito v Joyce Oduor Nyanjom & 4 others [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Kisumu
Category
Civil
Judge(s)
Hon. Justice Mathews N. Nduma
Judgment Date
October 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of George Olilo Mito v Joyce Oduor Nyanjom & 4 others [2020] eKLR. Discover key judgments and legal insights from this significant ruling.

Case Brief: George Olilo Mito v Joyce Oduor Nyanjom & 4 others [2020] eKLR

1. Case Information:
- Name of the Case: George Olilo Mito v. Joyce Oduor Nyanjom & Others
- Case Number: Petition No. 69 of 2018
- Court: Employment and Labour Relations Court at Kisumu
- Date Delivered: October 15, 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Mathews N. Nduma
- Country: Kenya

2. Questions Presented:
The central legal issues the court must resolve are:
(i) Whether the petitioner has disclosed any violation or threatened violation of his constitutional rights in a precise manner as required by law.
(ii) Whether the petition is moot, having been overtaken by events.

3. Facts of the Case:
The petitioner, George Olilo Mito, filed a petition against Joyce Oduor Nyanjom (1st Respondent), Kisumu National Polytechnic (2nd Respondent), the Council of Kisumu Polytechnic (3rd Respondent), the Cabinet Secretary of the Ministry of Education (4th Respondent), and the Attorney General (5th Respondent). Mito claimed that the 1st Respondent, who had officially retired on October 24, 2018, unlawfully conspired with the other respondents to extend her tenure for an additional two years without following the proper recruitment process as stipulated in Section 8 of the relevant statute. The petitioner alleged that this retention violated the constitutional principles of public policy and public participation, specifically citing Articles 10 and 156 of the Constitution.

4. Procedural History:
The petition was filed on November 13, 2018, alongside an application for interim conservatory orders, which was denied by Hon. Rika J. on November 16, 2018, due to the petitioner’s failure to disclose his relationship to the respondents and the potential for irreparable harm. The respondents subsequently filed grounds of opposition, asserting that the petition had been rendered moot as the 1st Respondent had retired and handed over her position. They contended that the petitioner had not adequately demonstrated any violation of his constitutional rights.

5. Analysis:
- Rules: The court considered relevant constitutional provisions, particularly Articles 10 (national values) and 156 (rule of law and public interest), along with statutory provisions under the Technical and Vocational Education and Training (TVET) Act.
- Case Law: The court referenced the case of Mumo Matemu v. Trusted Society of Human Rights Alliance (2013) eKLR, which established the requirement for a petitioner to demonstrate a precise violation of rights, and National Gender and Equality Commission v. Independent Electoral and Boundaries Commission, Petition 209 of 2017; (2018) eKLR, which discussed mootness in legal proceedings.
- Application: The court found that the petitioner’s claims were based on a misconception, as the 1st Respondent had already retired and transferred her duties. Consequently, the issues raised were moot, lacking any actual controversy. The court also noted that the appointment of the new council for Kisumu Polytechnic had been conducted lawfully as per the TVET Act.

6. Conclusion:
The court dismissed the petition in its entirety, ruling that it was filed prematurely and lacked a proper basis. The dismissal included an order for the petitioner to bear the costs of the petition, emphasizing that the petition was an abuse of court process. The decision underscored the importance of presenting valid claims and the implications of mootness in legal proceedings.

7. Dissent:
There were no dissenting opinions in this case.

8. Summary:
The Employment and Labour Relations Court dismissed George Olilo Mito's petition against Joyce Oduor Nyanjom and others, ruling it moot as the 1st Respondent had already retired and handed over her position. The court emphasized the necessity for precise claims of constitutional violations and the consequences of filing premature petitions. This case highlights the legal principle that courts will not entertain matters that lack practical significance or are rendered academic due to changes in circumstances.

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