SAAMUEL AMOKE NYAKERIGA & 8 OTHERS vs THE UNITED NATIONS HIGH COMMISSION FOR REFUGEES & 6 OTHERS[2001] eKLR

Key Facts

Issues

• Applicants claimed their employment with the 1st Respondent was terminated discriminatorily and in violation of the United Nations Staff Rules (1990) as amended, and without adhering to the rules of natural justice.
• The court considered the criteria for granting leave to apply for judicial review, including the existence of an arguable case and public interest implications, in a matter involving the United Nations High Commission for Refugees and associated NGOs.
• The court examined the legal standing of Kenyan lawyers (African origin) to challenge the employment decisions of a UN agency operating in Kenya, considering the agency's immunities under international law.

Holdings

• The court granted leave to apply for judicial review against the United Nations High Commission for Refugees and 6 others, as per prayer 2 of the application dated June 14, 2001. The judge found that there is an arguable case for judicial review based on the principles that leave should be granted if there is a realistic prospect of success and the case involves issues of public interest or general policy.
• The court declined to grant a stay of proceedings as requested in prayer 3 of the application. The judge did not provide a detailed reasoning for this decision.

Remedies

• The court granted leave to apply for judicial review as per prayer 2 of the application dated 14th June 2001.
• The court declined to grant the prayer for a stay of the proceedings.

Legal Principles

• The Applicants alleged their employment was terminated in a discriminatory manner and against the rules of natural justice as they were not given an opportunity to present their cases.
• The Court considered principles governing the granting of leave to bring judicial review proceedings, emphasizing the need for an arguable case and public interest, referencing cases like Samuel Muchiri W'Njuguna v. Minister for Agriculture and Mohamed Yakub & Mohamed Yusuf T/A Yasser Butchery v. Mrs. Badur Nasa.

Precedent Name

• Samuel Muchiri W'Njuguna & Others v. Minister for Agriculture
• Mohamed Yakub & Mohamed Yusuf T/A Yasser Butchery v. Mrs. Badur Nasa & 2 Others
• Tononoka Steels Ltd v. The Eastern and Southern Africa Trade and Development Bank

Cited Statute

• United Nations Staff Rules and Staff Regulations (1990) as amended in 1991 and 1993
• Non-Governmental Organizations Co-ordination Act, 1990

Judge Name

Passage Text

• He has demonstrated that there is an arguable case before this Court. A reading of Tononoka Steels Ltd v. The Eastern and Southern Africa Trade and Development Bank NAIROBI C.A. Civil Appeal No. 255 of 1998 (unreported) (KWACH, TUNOI & LAKHA, JJ.A.), deals with the question adequately.
• I, therefore, grant leave as per prayer 2 of the application dated June 14, 2001. I decline to grant prayer 3 that such leave do operate as a stay of the proceedings.
• (a) Leave should generally be given where the case has realistic prospects of success. This should imply that leave is available where there is a prima facie case in an application for Judicial Review; (b) Leave may be given in exceptional circumstances even though the case has no such prospect of success if there is an issue which, in the public interest, should be examined by the Court. This includes cases of general policy or cases which seek a reconsideration of a binding (c) If the issues are not generally important and the costs of the appeal will far exceed what is at stake, the leave should be denied; (d) The application should be made promptly; and (e) Leave is not available to appeal against an order for execution.