Samuel Angasa Onukoh v Speaker, Kisii Countyassembly & 118 others [2017] KEELRC 476 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 476
- Citation
- [2017] KEELRC 476 (KLR)
The court found that the 4th Respondent (County Government) is properly joined in the proceedings and has oversight and overall responsibility for all matters relating to the County government. The 3rd Respondent (County Assembly Service Board) is responsible for constituting offices and filling such offices, and its decisions are made at duly constituted meetings.
Facts
The petitioner, Samuel Angasa Onukoh, is an elected member of Kisii County Assembly. He filed a petition against the County Assembly, its Clerk, and the County Assembly Service Board, alleging that 273 employees were recruited and employed without proper advertisement and in violation of constitutional and legal requirements.
Issues
- Whether the 3rd Respondent (County Assembly Service Board) ever met and sanctioned the employment of 273 employees.
- Whether the vacancies and intended employment of 273 employees were duly advertised.
- Whether the appointment and/or employment of 273 employees was regular, lawful, and in accordance with the constitutional threshold in terms of Article 10 and 232 of the Constitution 2010.
Reasoning
The court determined that the 4th Respondent is properly joined in the proceedings and has oversight and overall responsibility for all matters relating to the County government. The 3rd Respondent is responsible for constituting offices and filling such offices, and its decisions are made at duly constituted meetings.
Outcome
The court found that the 4th Respondent is properly joined in the proceedings and has oversight and overall responsibility for all matters relating to the County government. The 3rd Respondent is responsible for constituting offices and filling such offices, and its decisions are made at duly constituted meetings.
Orders
- Order to remove the 4th Respondent's name from the proceedings.
- Order to quash the enlisting, recruitment and employment of the 273 Employees to the Kisii County Assembly.
- Permanent Injunction, restraining the Respondents from employing the 273 Employees without proper advertisement and in accordance with the constitutional threshold.
Remedies
- Declaration that the Petitioner is entitled to Protection under the constitution.
- Declaration that the enlisted, recruitment and/or employment of a total of 273 employees to the Kisii County Assembly by the Respondents was unlawful, illegal, and illegitimate.
- Declaration that the Respondents were obliged and/or enjoined to advertise all the vacancies and/or portfolios in the Kisii County Assembly and thereby carry out and/or conduct a Transparent and/or Accountable recruitment.
- Permanent Injunction, restraining the Respondents from employing the 273 Employees without proper advertisement and in accordance with the constitutional threshold.
Authorities cited
Legislation (2)
- County Government Act, No. 17 of 2012
- Constitution of Kenya, 2010
Loading judgment…