Olango Onudi v Samuel Okuro & 7 others [2019] KECA 974 (KLR)
- Court
- Court of Appeal
- Case number
- 974
- Citation
- [2019] KECA 974 (KLR)
- Decided
- 24 January 2019
The applicant's appeal is dismissed. The costs of this application shall be costs in the appeal. If the appeal is filed, hearing date to be given on priority basis.
Facts
Employment and Labour Relations Court delivered a judgment in favor of the respondents, who were chief officers in the County Government of Kisumu, against the applicant, the acting county secretary.
Issues
- Whether the County Secretary has the power to suspend chief officers pending investigations.
- Whether the County Secretary can take preliminary disciplinary steps pending the final determination of the disciplinary forces by the County Public Board.
- Whether the Employment and Labour Relations Court's orders are ultra vires the County Government Act No. 17 of 2012 and unlawful, null and void ab initio.
Reasoning
The Court considered whether the respondents' continued presence at their places of employment would render the applicant's appeal worthless or futile, and whether the respondents' return to work would be reversible. The Court found that the respondents are not in a position to access documents or witnesses, and that the suspension letters can be easily restored if the applicant is successful in his appeal.
Outcome
Appeal dismissed
Orders
- Order of stay of execution of the orders issued by the learned judge on 12th April, 2018 is dismissed
Authorities cited
Legislation (1)
- County Government Act No. 17 of 2012
Cases cited (2)
- Stanley Kang'ethe Kinyanjui vs Tony Keter & 5 others [2013] eKLR
- Reliance Bank Limited vs Norlake Investments Limited [2002] (1 EA 227)
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