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, highlighting key legal principles and outcomes. Stay informed on this important judgment.

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, Kisumu
- Date Delivered: October 15, 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Mathews N. Nduma
- Country: Kenya

2. Questions Presented:
- Whether the petitioner has disclosed any violation or threatened violation of his constitutional rights.
- Whether the petition is moot due to being overtaken by events.

3. Facts of the Case:
- The petitioner, George Olilo Mito, filed a petition on November 13, 2018, claiming that the actions of the 1st, 2nd, 3rd, and 4th respondents were against public policy and the Constitution.
- The 1st respondent, Joyce Oduor Nyanjom, retired from her position on October 24, 2018, but allegedly colluded with the 2nd and 3rd respondents to extend her tenure unlawfully for another two years.
- The petitioner argued that the position should have been advertised as per Section 8 of the relevant statute to ensure a transparent recruitment process.
- He claimed that the retention of the 1st respondent post-retirement violated Article 10 (national values) and Article 156 (rule of law and public interest) of the Constitution.

4. Procedural History:
- The petitioner sought interim conservatory orders, which were denied by Hon. Rika J. on November 16, 2018, due to insufficient disclosure of how he would suffer irreparable harm.
- The respondents filed grounds of opposition stating that the matter was moot since the 1st respondent had already retired and handed over her office on December 11, 2018.
- The respondents also argued that the petition was premature and lacked merit, asserting that the petitioner had not demonstrated a violation of his rights as required by Article 22(1) of the Constitution.

5. Analysis:
- Rules: The court considered relevant constitutional provisions, particularly Articles 10 and 156, as well as statutory requirements under the Technical and Vocational Education and Training (TVET) Act concerning the appointment of council members.
- Case Law: The court referenced the case of Mumo Matemu v. Trusted Society of Human Rights Alliance (2013) eKLR, which established the need for precise disclosure of rights violations in petitions. It also cited National Gender and Equality Commission v. Independent Electoral and Boundaries Commission (2018) eKLR regarding mootness in legal proceedings.
- Application: The court found that the petition was moot as the 1st respondent had retired before the petition was filed, negating the claims of unlawful retention. The court held that the petitioner had failed to demonstrate any ongoing violation of rights, thus rendering the petition an abuse of the court's process.

6. Conclusion:
- The court dismissed the petition in its entirety, ruling that it was filed without proper basis and had been overtaken by events. The petitioner was ordered to pay costs due to the lack of merit in the claims.

7. Dissent:
- There were no dissenting opinions noted in the judgment.

8. Summary:
- The Employment and Labour Relations Court dismissed George Olilo Mito's petition against Joyce Oduor Nyanjom and others, ruling that the matter was moot as the 1st respondent had already retired. The decision underscores the importance of timely legal action and the necessity for claimants to substantiate their allegations of rights violations clearly. The ruling also reinforces the principle that courts will not entertain cases that lack practical significance or that have been rendered academic by subsequent events.

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