Merita Akinyi Ombuor v County Government of Kisumu [2014] KEELRC 1373 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1373
- Citation
- [2014] KEELRC 1373 (KLR)
- Decided
- 16 October 2014
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeIndustrial CourtPostureAppeal from a High Court order granting leave to apply for an order of certiorariCoramHon. Justice HELLEN S. WASILWA
Holding
The court found that the applicant's employment was on a contractual basis for 5 years and that the County Public Service Board, not the County Secretary, had the authority to exercise disciplinary control over her.
Facts
The applicant was employed as Chief Officer – Public Relations, Marketing and Change Management of Kisumu County on a contract basis. She was terminated by the County Government of Kisumu on April 1, 2014.
Issues
- Whether the applicant's employment was a temporary political appointment.
- Whether due process was followed before her termination.
- Whether the applicant is entitled to the orders sought.
Reasoning
The court determined that the applicant's termination was not in accordance with the County Government Act and the Employment Act, and that she was not given a fair administrative action.
Outcome
The court dismissed the application and denied the applicant's request for an order of certiorari.
Authorities cited
Legislation (3)
- County Government Act No. 17 of 2012
- Employment Act 2007
- Constitution of Kenya 2010
Cases cited (3)
- Advisory on political appointments - office of the Governor and Deputy Governor
- S. 56 County Government Act No. 17 of 2012
- S. 59(1) County Government Act No. 17 of 2012
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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