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Umuro Roba Godana v County Government of Marsabit & another [2017] KEELRC 1114 (KLR)

[2017] KEELRC 1114 (KLR) Employment & Labour Relations Court
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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

  1. Validity of dismissal
  2. Petitioner's entitlement to office and benefits
  3. 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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