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Samuel Kipkoech Keter v County Government of Bomet & 3 others [2016] KEELRC 1497 (KLR)

[2016] KEELRC 1497 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1497
Citation
[2016] KEELRC 1497 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePetition for Declaration and InjunctionsPosturePetitioner seeks declarations, orders of certiorari, and mandatory injunctions against respondents.CoramD.K.Njagi Marete
Holding

Petition dismissed with costs.

Facts

Petitioner, a High Court advocate, was appointed as County Attorney of Bomet County in October 2013. He was subsequently revoked from the position on June 16, 2015.

Issues

  1. Unlawfulness of revocation of appointment
  2. Ultra vires grounds for revocation
  3. Violation of constitutional rights
  4. Interference with exercise of functions as County Attorney
  5. Interference with terms and conditions of service

Reasoning

The court found the petitioner waived his right to a pre-dismissal inquiry by refusing to attend the inquiry. The position of County Attorney was non-existent at the time of appointment, and the petitioner's conduct during the vetting process was unsupportive.

Outcome

Petition dismissed

Authorities cited

Legislation (3)
  • County Governments Act
  • Employment Act 2007
  • Constitution of Kenya 2010
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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