Okiya Omtatah Okoiti v Ismail Fahmy M. Shaiye; Board of Trustees,Water Sector Trust Fund (Intended Interested Party) [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Hon. Justice Byram Ongaya
Judgment Date
October 16, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Discover the 2020 eKLR case summary of Okiya Omtatah Okoiti v Ismail Fahmy M. Shaiye, exploring key legal arguments and implications involving the Water Sector Trust Fund.

Case Brief: Okiya Omtatah Okoiti v Ismail Fahmy M. Shaiye; Board of Trustees,Water Sector Trust Fund (Intended Interested Party) [2020] eKLR

1. Case Information:
- Name of the Case: Okiya Omtatah Okoiti v. Ismail Fahmy M. Shaiye
- Case Number: Petition No. 97 of 2020
- Court: Employment and Labour Relations Court of Kenya
- Date Delivered: October 16, 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Byram Ongaya
- Country: Kenya

2. Questions Presented:
The court was tasked with resolving several central legal issues, including:
1. Whether the respondent, Ismail Fahmy M. Shaiye, was entitled to serve a third consecutive term as Chief Executive Officer of the Water Sector Trust Fund.
2. Whether the actions of the respondent in refusing to proceed on terminal leave as directed by the Board were lawful.
3. Whether the petitioner, Okiya Omtatah Okoiti, had the requisite standing to bring the petition.

3. Facts of the Case:
The petitioner, Okiya Omtatah Okoiti, filed a petition against the respondent, Ismail Fahmy M. Shaiye, concerning his tenure as the Chief Executive Officer of the Water Sector Trust Fund. The Water Sector Trust Fund is a state corporation in Kenya. The respondent had served two three-year terms as CEO, with his second term set to expire on November 9, 2020. The Board of Trustees decided not to renew his contract and placed him on a three-month terminal leave. The respondent resisted this decision and forcefully occupied the CEO's office, leading to the petitioner filing the current case to seek a prohibition against the respondent from accessing the office.

4. Procedural History:
The petitioner filed the initial petition and a motion on June 29, 2020, seeking interim orders to prevent the respondent from accessing the CEO's office pending the hearing of the petition. The case progressed through various stages, with the respondent filing multiple affidavits contesting the petitioner's claims and asserting his right to remain in office until the end of his term. The interested party, the Board of Trustees, also filed affidavits supporting the respondent's position. The court considered the applications and objections from both parties before delivering its ruling on October 16, 2020.

5. Analysis:
Rules:
The court examined the applicable constitutional provisions, including Articles 4(2), 10(2)(a), 27(1) & (2), and 47(1) of the Constitution of Kenya, as well as relevant statutes such as the Water Act, 2016, and the State Corporations Act. The Mwongozo (Code of Governance for State Corporations) and the Human Resources Policies and Procedures Manual for the Water Sector Trust Fund were also considered.

Case Law:
The court referenced the case of *Trusted Society of Human Rights Alliance v. Nakuru Water and Sanitation Services Company & Another* [2013] eKLR, which established the principles surrounding standing in public interest litigation and the enforcement of constitutional rights.

Application:
The court found that the petitioner had not established a prima facie case to warrant the issuance of the orders sought. The respondent's current contract had not expired, and there was no clear basis for denying him access to the CEO's office. The court noted that the grievance management procedures available to the parties had not been exhausted. Consequently, the court declined the petitioner's application for interim orders.

6. Conclusion:
The court dismissed the petitioner's application and the preliminary objections raised by both the respondent and the interested party. It concluded that the petitioner had not demonstrated sufficient grounds to justify the relief sought, and each party was directed to bear its own costs.

7. Dissent:
There was no dissenting opinion noted in the ruling.

8. Summary:
The Employment and Labour Relations Court of Kenya ruled against Okiya Omtatah Okoiti's petition to prohibit Ismail Fahmy M. Shaiye from accessing the CEO's office of the Water Sector Trust Fund. The court found that the respondent was still in office until the expiration of his contract and that the petitioner lacked the standing to bring the petition. This case underscores the importance of adhering to established governance procedures and the legal frameworks governing state corporations in Kenya.

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