John Ojwang Atieno & 13 others v Migori County Government & another [2013] KEELRC 927 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 927
- Citation
- [2013] KEELRC 927 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIndustrial CourtPostureAppeal from a decision granting an interlocutory injunctionCoramHellen Wasilwa
Holding
Claimants' case is established and an injunction is granted to compel payment of salaries and prevent termination of employment
Facts
Claimants were deemed transferred to the Migori County Government by virtue of being employees of the County Council of Migori after the general elections. They worked diligently but their salaries were withheld and they were threatened with termination.
Issues
- Whether the withholding of claimants' salaries violates the Employment Act
- Whether the termination of claimants' employment violates due process
Reasoning
Claimants have a prima facie case and withholding of salaries violates the Employment Act. Due process has not been followed in terminating their employment.
Outcome
Claimants' application granted
Orders
- Mandatory injunction to compel payment of claimants' salaries since July, 2013
- Temporary injunction against termination and dismissal of claimants from employment without following the law and terms and conditions of their employment
Remedies
- Claimants' salaries since July, 2013
- Prevent termination of claimants' employment
Authorities cited
Legislation (2)
- Employment Act 2007
- County Governments Act
Cases cited (1)
- Mrao Ltd VS First American Bank of Kenya Ltd and 2 Others [2003] KLR 125
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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