Isaac Onchere Ongeri v Town Council of Masimba [2018] KEELRC 2444 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2444
- Citation
- [2018] KEELRC 2444 (KLR)
Summary at a glance
TypeSubstitution of RespondentPostureAppeal from a previous judgmentCoramMATHEWS N. NDUMA
The County Government of Kisii is the proper successor to the Town Council of Masimba and the judgment debt is automatically assumed by the County Government.
Facts
Claimant Isaac Onchere Ongeri had a judgment against the Town Council of Masimba. The Town Council was later replaced by the County Government of Kisii.
Issues
- Whether the County Government of Kisii is the proper successor to the Town Council of Masimba
- Whether the Town Council of Masimba is defunct
Reasoning
The County Government Act, 2012 and the Constitution of Kenya 2010 mandate the transfer of assets and liabilities of defunct local authorities to the respective county governments.
Outcome
The application for substitution succeeds with costs.
Orders
- The County Government of Kisii is substituted as the respondent
Authorities cited
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