JUDGMENT
Nancy Njoroge (1st respondent) filed a Petition before the Employment and Labour Relations Court (ELRC) on 2nd December, 2016, which Petition was pronounced to be premised on Articles 41 and 232 of the Constitution of Kenya, the Fair Administrative Actions Act 2015, and section 12(1) (a) of the Employment and Labour Relations Court Act. In the petition, Titus Waithaka Kinyanjui (3rd Respondent) was named as the Interested Party. He, like the petitioner were members of the Murang’a County Public Service Board (the board) which is established under section 57 of the County Governments Act 2012, which undertakes human resource functions as provided for under section 59 of the Act.
According to the 1st respondent, she was appointed following a competitive, fair and transparent recruitment exercise by Manpower consultants, a recruitment firm hired by the appellant. The successful applicants were then subjected to a selection process by the appellant’s internal selection panel and th…