Johnstone Chebusit & another v Governor Bomet County & 4 others [2017] KEELRC 604 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 604
- Citation
- [2017] KEELRC 604 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPosturePetition against Governor Bomet County and 4 othersCoramD.K.Njagi Marete
Holding
The court finds a case for the Petitioners and Interested Parties and holds that they have established their case.
Facts
The petitioners claim that the Governor of Bomet County has unconstitutionally interfered with the functions of the County Public Service Board.
Issues
- Whether the Petitioners and Interested Parties have established a sound case of contravention of the Constitution and County Governments Act, 2012 as to warrant a determination in their favour.
- Who bears the costs of this cause?
Reasoning
The court finds the petitioners' case clear and straightforward, rejecting the respondents' case of denial.
Outcome
Petition granted with orders
Orders
- A declaration that the 1st and 2nd Respondents do not have jurisdiction over the Board.
- A declaration that the 1st and 2nd Respondents do not have jurisdiction to authorize promotions, demotions, re-designation and dismissals.
- An order quashing the said purported promotions, demotions, re-designation and dismissals.
- An order compelling the 3rd Respondents to designate the secretary of the Board as an accounting officer.
- A permanent injunction restraining the 1st Respondent from obstructing the Board's functions.
- A declaration that the County Government of Bomet has a statutory obligation to provide adequate resources to the Board.
- A declaration that the independence of the Board entitles it to be given its own budget.
- The costs of the petition shall be borne by the respondents.
Remedies
- Declaration
- Quashing of promotions, demotions, re-designation and dismissals
- Compelling designation of secretary as accounting officer
- Permanent injunction
- Statutory obligation to provide resources
- Budget for Board
Authorities cited
Legislation (2)
- County Governments Act, 2012
- Constitution of Kenya
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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