Shadrack Kosgey Cherogoe & another v County Assembly of Nakuru & 2 others [2017] KEELRC 223 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 223
- Citation
- [2017] KEELRC 223 (KLR)
Summary at a glance
TypeLabor DisputePostureRespondents filed preliminary objection, Court dismissed, Petitioners filed main petition, Court gave directions for submissions
The Court dismissed the preliminary objection and ordered the parties to file submissions and appear for hearing.
Facts
County Assembly formed an ad hoc Committee to investigate recruitment and employment of sub-county, deputy sub-county and ward administrators. Special Adhoc Committee tabled a report recommending termination of Joseph Motari and Philip Sigei's contracts. Petitioners moved Court for conservatory orders.
Issues
- Whether the 1st Respondent’s actions were unconstitutional
- Whether the 1st Respondent’s actions were in breach of the doctrine of separation of powers
Reasoning
The Petitioners argued that the 1st Respondent could not use its oversight authority to investigate and recommend the removal of Interested Parties, as this would breach the doctrine of separation of powers. The Court agreed.
Outcome
Preliminary objection dismissed, main petition filed, directions for submissions given
Orders
- Conservatory order set aside
- Directions for filing and service of submissions
Authorities cited
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