Peter Lokol Lomulen & 2 others v Governor, County Government of Turkana & 3 others [2016] KEELRC 482 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 482
- Citation
- [2016] KEELRC 482 (KLR)
- Decided
- 15 September 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor Relations DisputePostureAppeal from a lower court decision
Holding
The court declared the dismissal of the petitioners as County Executive Committee Members unlawful and unconstitutional and ordered them to resume their positions.
Facts
Petitioners were appointed as County Executive Committee Members but were dismissed by the Governor under County Government Act No.17 of 2012 Article 31(a). Petitioners claimed their dismissal was unconstitutional and a violation of their constitutional rights.
Issues
- Whether the court has jurisdiction to hear the petition.
- Whether the petitioners are entitled to orders sought.
Reasoning
The court found that the petitioners had a contract of service and were employees, giving it jurisdiction over the dispute.
Outcome
In favor of the petitioners
Orders
- Quash the decision of the 1st Respondent to dismiss the 1st and 2nd Respondents
- Order and direct the Respondents to allow the petitioners to resume their positions
- Order the Respondents to pay the petitioners full salaries and allowances
- Order the Respondents to pay the petitioners costs of the petition
Remedies
- Resumption of positions
- Full salaries and allowances
- Costs of the petition
Authorities cited
Legislation (2)
- County Government Act No.17 of 2012
- Employment Act, 2007
Cases cited (2)
- United States International University (USIU) v Attorney General (2013) eKLR
- Civil Appeal No.6 of 2012 Professor Daniel N. Mugendi Vs. Kenyatta University and 3 others
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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