Umuro Roba Godana v County Government of Marsabit & another [2017] KEELRC 1114 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1114
- Citation
- [2017] KEELRC 1114 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePosturePetition for Declaration and InjunctionCoramByram Ongaya
Holding
The court declares the dismissal null and void, and orders the petitioner to remain in office with full pay and terminal benefits until June 30, 2017.
Facts
The petitioner, Umuro Roba Godana, was dismissed from his position as County Executive Member for Education, Skill Development, Youth and Sports by the Governor of Marsabit County. He filed a petition alleging violation of his constitutional rights and seeking declarations and orders.
Issues
- Validity of dismissal
- Petitioner's entitlement to office and benefits
- Violation of constitutional rights
Reasoning
The court found that the petitioner's dismissal violated his neutrality and objectivity, but allowed him to remain in office with limited benefits until he formally clears his service.
Outcome
Judgment for the petitioner
Orders
- Declaration of nullity of dismissal
- Order for continued employment with limited benefits until June 30, 2017
- Declaration of violation of constitutional rights
- Declaration of entitlement to benefits until June 30, 2017
- Order for costs to be borne by the parties
Remedies
- Declaration of nullity of dismissal
- Declaration of violation of constitutional rights
- Declaration of entitlement to benefits until June 30, 2017
- Order for continued employment with limited benefits until June 30, 2017
Authorities cited
Legislation (2)
- County Government Act, 2012
- 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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