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A Critique of the Kenyan Court of Appeal’s CDF Decision – Constitutional Law and Philosophy

For the last decade, the Kenyan courts have been grappling with the constitutionality of “constituency development funds” : that is, funds earmarked from...
HomeShri. Baremdor Thangkhiew vs State Of Meghalaya on 9 March, 2026

Shri. Baremdor Thangkhiew vs State Of Meghalaya on 9 March, 2026

1. The petitioners, who are stated to be serving in the post of Industrial

Promotion Officer in the Department of Commerce and Industries for the

2026:MLHC:156

last 14 years, are again before this Court in this third round of litigation

praying for regularisation of their services in the said post.

2. The brief necessary background facts are that the petitioners had

entered their services by a selection process which had been conducted by

the Departmental Selection Committee, and were appointed under

Regulation 3(f) of the MPSC (LoFs) Regulation 1972. On their services not

being regularised, the writ petitioners had in the years 2017 and 2019,

approached this Court by way of WP(C). No. 198 of 2017 and WP(C). No.

257 of 2019, which were disposed of by this Court vide order dated 11-03-

2020, whereby, directions were issued that the petitioners be allowed to

participate in the selection process which had been advertised on 26-04-

2016. Against the order of the Single Bench, the writ petitioners had then

preferred WA. No. 11 of 2020 and WA. No. 12 of 2020, which was disposed

of by order dated 22-10-2021, whereby this Court had directed that the

representation of the petitioners was to be decided by the respondents on its

own merit and in the light of documents dated 10-01-2013 and 19-02-2021.



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