Raphael Munyua Ndung’u v County Government of Lamu [2018] KEELRC 1178 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1178
- Citation
- [2018] KEELRC 1178 (KLR)
- Decided
- 20 September 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from original trialCoramMaureen Onyango, Ongaya
Holding
The dismissal was not lawful as it was not based on any of the grounds provided in Section 40 of the County Governments Act.
Facts
The Petitioner was dismissed from his position as County Executive Committee Member for Health Services and Environment by the County Governor. The Governor sent a WhatsApp message to the Lamu County Assembly, which made changes to the County Executive Committee membership.
Issues
- Whether the dismissal was lawful
- Whether the Petitioner is entitled to remedies
Reasoning
The Court held that the Governor's power to dismiss a County Executive Committee member is subject to the reasons provided in Section 40 of the County Governments Act, and the dismissal was not based on any of the grounds listed.
Outcome
Dismissal of the Petition
Authorities cited
Legislation (2)
- County Governments Act
- Employment Act, 2007
Cases cited (2)
- County Government of Nyeri & another v Cecilia Wangechi Ndungu & another [2015] eKLR
- Narok County Government & another v Richard Birir & another [2015] eKLR
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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