Allan Wafula Mabuka v Speaker, County Assembly of Busia & 2 others [2016] KEELRC 858 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 858
- Citation
- [2016] KEELRC 858 (KLR)
- Decided
- 16 June 2016
The Petitioner has a prima facie case with likelihood of success and there is real danger that he will suffer prejudice if the orders are not granted.
Facts
Petitioner is the Clerk of the County Assembly of Busia County. He filed a petition seeking several orders, including an injunction against Respondents. A member of the County Assembly presented a motion to suspend the Petitioner, but it was administratively dealt with by the House Business Committee.
Issues
- Whether the Petitioner is entitled to an injunction
- Whether the Respondents' actions violate the constitution and violate the Petitioner's fundamental rights
- Whether the Respondents' actions are in accordance with the relevant provisions of the constitution, Fair Administration Actions Act, 2015, and rules of natural justice
Reasoning
The court held that the Petitioner's actions were in breach of the relevant provisions of the constitution, Fair Administration Actions Act, 2015, and rules of natural justice. The court also considered the public interest and the need to allow for the ordered functioning of the legislative body.
Outcome
The court granted the Petitioner's application for an injunction.
Orders
- Temporary injunction restraining the Respondents from taking any disciplinary action against the Petitioner, removing him from office, filling the position of clerk by any other person other than himself, or enforcing the resolution of the County Assembly of 4th November 2015
Remedies
- Injunction
Authorities cited
Legislation (4)
- County Assembly Act
- Fair Administration Actions Act, 2015
- Public Finance Management Act
- County Government Act
Cases cited (3)
- Centre for Rights Education and Awareness (CREAW) and 7 others v Attorney General and others in Nairobi HC Petition No.16 of 2011
- Gatirau Peter Munya v Dickson Mwenda Githinji & 2 others in Petition No.2 0f 2013
- Embun HC Petition No.7 of 2014
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