Fredrick Odhiambo Ndede v Makueni County Public Service Board & another [2018] KEELRC 327 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 327
- Citation
- [2018] KEELRC 327 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureClaimant vs. Respondents (County Public Service Board and County Government)CoramByram Ongaya
Holding
Claimant is entitled to be released back to Public Service Commission for appropriate action by the Commission.
Facts
Claimant was appointed as County Clerk and later deployed as Interim County Secretary. Governor suspended him under County Governments Act, 2012, alleging misuse of funds. Claimant denied misappropriation and sought damages for unlawful suspension.
Issues
- Authority of Governor to suspend claimant
- Violation of constitutional rights and contractual rights
Reasoning
The Court found the Governor lacked authority to suspend the claimant and violated his constitutional and contractual rights. The claimant is entitled to be released back to the Public Service Commission.
Outcome
Judgment for the claimant
Orders
- Claimant is entitled to be released back to Public Service Commission
Remedies
- Declaration of entitlement to be released
- Claimant's costs of the suit
Authorities cited
Legislation (3)
- County Governments Act, 2012
- Constitution of Kenya 2010
- Employment Act, 2007
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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