Sidigu v Kolum & 5 others (Petition E034 of 2023) [2024] KEELRC 156 (KLR)

JUSTICE, TRANSPARENCY AND FAIR LABOUR PRACTICES IN KENYA AND IN THE MATTER OF QUESTING THE APPLICATION OF CEO, CHEMELIL SUGAR COMPANY LTD BY CHAIRMAN OF THE BOARD ENGINEER JOHN NYAMBOK AND CONCURRENCE LETTER FROM THE CHIEF OF STAFF AND HEAD OF THE PUBLIC SERVICE AND THAT OF CABINET SECRETARY FOR AGRICULTURE, MITHIKA LINTURI RESPECTIVELY FOR CONTRAVENING THE LABOUR LAWS AND CONSTITUTIONAL PROVISION BETWEEN MICHAEL SIDIGU ................................................................................. PETITIONER AND MOSES KIPROP KOLUM ............................................................. 1ST RESPONDENT HON ATTORNEY GENERAL .................................................... 2ND RESPONDENT CHEMELIL SUGAR CO LTD ...................................................... 3RD RESPONDENT CHAIRMAN, BOARD OF DIRECTORS, CHEMELIL SUGAR CO LTD .................................................................................................. 4TH RESPONDENT HON MITHIKA KINTURI, CS AGRICULTURE .................... 5TH RESPONDENT PUBLIC SERVICE COMMISSION .............................................. 6TH RESPONDENT RULING 1. The Petitioner moved the Court on 29 December 2023 to challenge the appointment of the 1st Respondent as the Chief Executive Oficer/Managing Director of Chemelil Sugar Co Ltd. 2. The Petition went through the legal motions and judgment was scheduled for today. https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/156/eng@2024-02-07 2

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3. On 5 February 2024, the Petitioner filed a Notice to Withdraw the Petition and he cited Rule 27(1) (a) of the Mutunga Rules. The Respondents have submitted that they do not oppose the withdrawal of the Petition. 4. The Rule cited by the Petitioner contemplates the Court hearing the parties before deciding whether to grant leave before a Petition is marked as withdrawn. 5. Rule 27(3) of the aforesaid Rules gives the Court the discretion to proceed with a Petition notwithstanding the wishes of a Petitioner to withdraw or discontinue the proceedings. The factor the Court should consider is the juridical efiect of the decision. 6. In the present Petition, the Petitioner raised questions implicating the Respondents adherence with the values and principles governing the public service and more so the recruitment and process leading to the appointment of the 1st Respondent. 7. The question of compliance with the values and principles of the public service and how it impacts recruitment transcends the interests of the parties herein. It is a matter of public interest since public entities have a duty to respect and uphold the constitutional values and principles at all times. Orders 8. For these reasons, the Court declines to grant leave for the withdrawal of the Petition and it will proceed to deliver the judgment as earlier scheduled. DELIVERED VIRTUALLY, DATED AND SIGNED IN KISUMU ON THIS 7TH DAY OF FEBRUARY 2024. RADIDO STEPHEN, MCIARB JUDGE APPEARANCES Petitioner in person For 1st Respondent Olel, Onyango, Ingutiah Advocates, LLP For 3rd and 4th Respondents Otieno, Yogo, Ojuro & Co. Advocates For 2nd and 5th Respondents Mr Felix Kajo, Senior Litigation Counsel, Ofice of the Hon Attorney General For 6th Respondent Michael Maurice Ogosso, Principal Legal Counsel, Public Service Commission Court Assistant Chemwolo https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/156/eng@2024-02-07 3

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