Elizabeth Chepkoech Langat v Bomet County Government & 2 others [2016] KEELRC 717 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 717
- Citation
- [2016] KEELRC 717 (KLR)
- Decided
- 23 September 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor RelationsPosturePetition for Interlocutory Orders and DeclarationCoramRadido Stephen
Holding
The Court declared the removal of the Petitioner unconstitutional and unfair.
Facts
Petitioner was appointed as a County Executive Committee member for Agriculture and Fisheries. She was later removed from office on the grounds of poor performance, absence from duty, and misconduct. The Petitioner sought interim orders and a declaration that her removal was unconstitutional.
Issues
- Whether the Petitioner was accorded fair administrative action.
- Whether the termination/dismissal of the Petitioner was fair.
Reasoning
The Court found that the Governor's decision to remove the Petitioner was unconstitutional and unfair, and awarded her damages equivalent to one year's gross wages.
Outcome
Judgment in favor of the Petitioner, declaring the removal unconstitutional and unfair, and awarding damages.
Orders
- Interim orders extended until the hearing and determination of the Petition.
- Petition for certiorari dismissed.
Remedies
- Damages equivalent to one year's gross wages.
- Petitioner to have costs.
Authorities cited
Legislation (2)
- County Government Act, 2012
- Constitution of Kenya
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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