Republic v Taita Taveta County Assembly Sectoral Committee on Administration, Security, Devolution, Public Participation, Community Services & Drug Control & 3 others; Governor, County Government of Taita Taveta (Interested Party); Lukindo (Ex parte Applicant) (Judicial Review Application E004 of 2025) [2025] KEELRC 2379 (KLR)
The bottom line
#A Mombasa court struck out a county employee's judicial review case because he skipped the mandatory appeal to the Public Service Commission first.
What this practically means
#Executive summary
#Key legal issues
#Exhaustion of alternative remedies / jurisdiction
The court lacked jurisdiction as a first instance court because the ex parte applicant failed to exhaust the appeal procedure under section 77 of the County Government Act; the proceedings were premature
The appointment as political advisor is a position within the governance structure of the County Government regulated under the County Government Act. Grievances arising from that employment must be addressed through the mechanisms under the County Government Act and/or the Public Service Commission Act. Section 77 is mandatory, requiring appeal to the Public Service Commission before court. No exceptional circumstances justified bypassing that route, and the applicant filed no submissions to counter the objections.
Failure to file submissions in response to preliminary objections
The ex parte applicant's failure to attend or file written submissions weighed against him and did not place him in good standing
The applicant moved the court by the application dated 4 April 2025 but did not attend court or file any written submissions when the respondents' preliminary objections came up for submissions. The court noted this omission as detracting from the applicant's standing before the court, though the disposition rested principally on want of jurisdiction and non-exhaustion.
Legal principles established
#- Where there is a clear procedure for the redress of a grievance prescribed by the Constitution or an Act of Parliament, that procedure should be strictly followed
- Section 77 of the County Government Act provides a mandatory appeal mechanism to the Public Service Commission which must be exhausted before approaching the court
Court orders
#- 1.The judicial review application dated 4 April 2025 is struck out
- 2.Costs to the respondents
- Jurisdiction invoked
- Judicial review jurisdiction under Order 53 of the Civil Procedure Rules (leave granted on 3 April 2025); challenged for want of jurisdiction under Article 234(2)(i) of the Constitution, section 77 of the County Government Act and section 87(2) of the Public Service Commission Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Taita Taveta County Assembly Sectoral Committee on Administration, Security, Devolution, Public Participation, Community Services & Drug Control & 3 others; Governor, County Government of Taita Taveta (Interested Party); Lukindo (Ex parte Applicant) (Judicial Review Application E004 of 2025) [2025] KEELRC 2379 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2379/eng@2025-08-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.