Lillian W. Mbogo-Omollo v Cabinet Secretary Ministry of Public Service and Gender & another [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Hon. Justice Radido Stephen
Judgment Date
October 21, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Lillian W. Mbogo-Omollo v Cabinet Secretary Ministry of Public Service and Gender & another [2020] eKLR. Delve into legal insights and implications from this important judgment.

Case Brief: Lillian W. Mbogo-Omollo v Cabinet Secretary Ministry of Public Service and Gender & another [2020] eKLR

1. Case Information:
- Name of the Case: Lillian W. Mbogo-Omollo v. Cabinet Secretary Ministry of Public Service & Gender
- Case Number: Petition No. 86 of 2020
- Court: Employment and Labour Relations Court at Nairobi
- Date Delivered: 21 October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Radido Stephen
- Country: Kenya

2. Questions Presented:
The court must resolve several legal issues, including:
- Whether the Petitioner is a public officer.
- The effect of the suspension of the Petitioner’s right to be presumed innocent.
- Whether the Petitioner served at the pleasure of the President.
- Whether due process was followed in the revocation of the Petitioner’s appointment.
- Whether there was a legitimate expectation created regarding the Petitioner’s appointment.
- Whether the Respondents breached the Constitution and violated the Petitioner’s rights.
- Whether the Petitioner is entitled to the remedies sought.

3. Facts of the Case:
Lillian W. Mbogo-Omollo was appointed as Principal Secretary, Public Service and Youth by the President on 24 December 2015 and reappointed on 26 January 2018. In May 2018, she stepped aside due to allegations of mishandling funds and was subsequently charged with corruption-related offences. Following these charges, she was suspended on 19 June 2018. On 19 May 2020, she was informed that her appointment had lapsed due to the appointment of a successor. Aggrieved by this action, the Petitioner filed a case on 8 June 2020, claiming violations of her constitutional rights.

4. Procedural History:
The Petitioner filed her initial Petition and a Motion under a certificate of urgency on 8 June 2020. The court directed the Respondents to file responses, and the Petitioner was allowed to amend her Petition. The Respondents filed a replying affidavit, and both parties submitted their arguments. The court later identified the issues for determination based on submissions from both parties.

5. Analysis:
- Rules: The court considered several constitutional provisions, including Articles 10, 41, 155, 236, and 50 of the Kenyan Constitution, which relate to public service, fundamental rights, and due process.
- Case Law: The court referenced previous cases, including *Anarita Karimi Njeru v R* and *Mumo Matemu v Trusted Society of Human Rights*, to establish the necessary threshold for constitutional petitions. It also cited *Alex Kyalo Mutuku & 7 Ors v Ethics and Anti-Corruption Commission* regarding the presumption of innocence during suspension.
- Application: The court found that the Petitioner was indeed a public officer entitled to protections under Article 236. It held that the revocation of her appointment lacked due process, as she was not afforded the necessary procedural safeguards nor was there a formal decision from the President regarding her removal.

6. Conclusion:
The court ruled in favor of the Petitioner, declaring that the removal from her position was unconstitutional due to a lack of due process. The court awarded her nominal damages of Kshs 1/- for the violation of her rights and emphasized the importance of adhering to constitutional protections for public officers.

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

8. Summary:
The case of Lillian W. Mbogo-Omollo v. Cabinet Secretary Ministry of Public Service & Gender underscores the significance of due process in the removal of public officers in Kenya. The court's ruling reinforces the constitutional protections afforded to public officers and highlights the necessity for adherence to procedural requirements in employment matters, particularly in cases involving allegations of misconduct. The decision serves as a precedent for similar cases concerning the rights of public officers in Kenya.

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