Yussuf Daud Adan v Governor Isiolo County & 4 others [2018] KEELRC 539 (KLR)

Summary at a glance

Facts

The Petitioner, Yussuf Daud Adan, filed a petition seeking to stop the vetting process of his brother Abdi Haji Daud for his position as County Executive Committee member for Water, Energy, Environment, Natural Resource and Climate Change in Isiolo County. The Governor had sent the nomination to the County Assembly and Speaker for approval.

Issues

• Violation of Articles 1, 2, 3(1), 10, 22, 27, 28, 41, 47(1) of the Constitution of Kenya, 2010
• Violation of Rules 11, 12, 13, 20, and 21 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) and Procedure Rules, 2013
• Violation of Sections 8 and 45 of the County Governments Act, Act 17 of 2012

Reasoning

The court found that the Governor's action was arbitrary and without reason, as there was no evidence that he acted reasonably in dismissing the Petitioner. The court ordered compensation for the breach of constitutional rights.

Outcome

The court ordered compensation of Kshs. 1,000,000/-, costs of the suit, and interest on the sums above from the date of judgment till payment in full.

Orders

• Order for compensation of Kshs. 1,000,000/-
• Order for costs of the suit
• Order for interest at court rates on the sums above from the date of judgment till payment in full

Remedies

• Compensation
• Costs of the suit
• Interest on the sums above from the date of judgment till payment in full

Authorities cited