Court quashes decision to dismiss Kalinoe’s judicial review application


A THREE-MAN Supreme Court bench has allowed a judicial review application filed by Department of Justice and Attorney-General Secretary Dr Lawrence Kalinoe, quashing a National Court decision earlier to dismiss it.
The panel consisted of Deputy Chief Justice Sir Gibbs Salika, Justice Iova Geita and Justice Lawrence Kangwia. Kalinoe’s judicial review application was dismissed on Aug 5 by Justice Collin Makail in the National Court because it said Kalinoe had no legal capacity to file the case.
Kalinoe, through lawyer Laias Kandi, appealed Justice Makail’s decision on the grounds that he had erred in fact and in law by  failing to find that Kalinoe had legal capacity to institute a judicial review application under Order 16 of the National Court Rules.
The order relate to an administrative decision made by the Public Services Commission chairman Dr Philip Kereme under Section 18 of the Public Services (Management) Act 2014, concerning a personnel matter in the national public service.
Kandi submitted that Kalinoe in his capacity as the department head has a responsibility to administer part of the Public Services (Management) Act 2014 and the public service general orders delegated to him by the department head responsible for public service matters, particularly recruitment, employment contracts and discipline of officers.
The review stemmed from a decision made by Kereme which annulled a decision by Kalinoe and reinstated a Keti Kenosi to her former position in the department with back-dated pay.
The court found that Kalinoe had grounds to seek a judicial review in relation to the decision made by Kereme.
The court also found that Kalinoe was entitled to make that decision against Kenosi because it was based on administrative grounds.

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