Nashon Wilson Oguya & 6 others v County Assembly of Kisumu & 3 others [2018] KEELRC 1359 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1359
- Citation
- [2018] KEELRC 1359 (KLR)
- Decided
- 31 July 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPosturePetition for Judicial ReviewCoramMathews N. Nduma
Holding
The court quashed the report of the ad hoc committee and the letters purporting to remove the Petitioners.
Facts
The Petitioners were invited by the County Assembly to provide information regarding their conduct as members of the Kisumu County Public Service Board. A petition was filed by a member of the public, which led to the formation of an ad hoc committee to investigate the Petitioners. The Petitioners were served with charges and letters purporting to remove them from office.
Issues
- Procedural fairness in the removal process
- Removal of Petitioners from office
Reasoning
The court found that the removal process did not comply with the County Government Act and the Constitution, and that the Petitioners were not afforded procedural fairness.
Outcome
Judicial Review granted
Orders
- Quash the report of the ad hoc committee
- Quash the letters purporting to remove the Petitioners
- Order for payment of salaries and allowances
Remedies
- Payment of salaries and allowances withheld during the proceedings
Authorities cited
Legislation (3)
- County Government Act
- Employment Act
- Constitution of Kenya
Cases cited (1)
- Mundia v. County Assembly of Kisumu
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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