County Assembly of Migori & 3 others v Ouma & 2 others (Civil Appeal 102 of 2018) [2025] KECA 6 (KLR) (10 January 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 6
- Citation
- [2025] KECA 6 (KLR)
- Decided
- 10 January 2025
The appeal is allowed to the extent that the trial court's award of Kshs.3,500,000 in damages is set aside and replaced with Kshs.1,500,000.
Facts
County Assembly Service Board and County Public Service Board dismissed employees Tom Operé Onyango, Peter Omondi Ouma, and Maurice Thomas Chacha from their positions due to allegations of improprieties in the County Government Act, Fair Administrative Actions Act, and Constitution of Kenya. The respondents filed a petition alleging the dismissals were unconstitutional and sought reinstatement and compensation.
Issues
- Whether the dismissal of the respondents was unconstitutional.
- Whether the respondents' constitutional rights were violated.
- Whether the trial court's award of damages was justifiably high.
Reasoning
The court found the trial court's award of damages to be inordinately high and set it aside, substituting it with a lower amount.
Outcome
Appeal allowed to the extent of reducing the damages award.
Orders
- The trial court's award of Kshs.3,500,000 in damages is set aside and replaced with Kshs.1,500,000.
- Each party shall bear their own costs in this appeal.
Authorities cited
Legislation (3)
- County Government Act
- Fair Administrative Actions Act
- Constitution of Kenya
Cases cited (2)
- Jekim Hospital Nkubu Ltd & Another vs. Kenya Medical Practitioners and Dentists Council & 2 Others (Constitutional Petition 12 of 2023) [2023] KEHC 27205 (KLR) (28 December 2023) (Judgment)
- Peter Ndegwa Kiai t/a Pema Wines & Spirits vs. Attorney General & 2 Others (Civil Appeal 243 of 2017) [2021] KECA 328 (KLR) (17 December 2021) (Judgment)
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