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Hezron Mwambia Karong’a v Tharaka Nithi County Government & another [2019] KEELRC 116 (KLR)

[2019] KEELRC 116 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
116
Citation
[2019] KEELRC 116 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureAppeal from the original trialCoramNzioki wa Makau
Holding

The suit is dismissed as the Claimant was not entitled to compensation due to his failure to approach the Public Service Commission as required by the County Governments Act.

Facts

The Claimant was terminated as a Supply Chain Assistant by the Respondents, who argued that his employment was terminated in accordance with the pleasure doctrine due to the Governor's term ending. The Claimant claimed unfair termination and sought reinstatement and compensation.

Issues

  1. Whether the Claimant's employment was terminated fairly
  2. Whether the Claimant was entitled to compensation for the termination

Reasoning

The court held that the Claimant's employment was terminated in accordance with the pleasure doctrine, and he was not entitled to compensation as he did not follow the legislative provision to appeal to the Public Service Commission.

Outcome

Dismissed

Orders

  • Suit dismissed with costs

Authorities cited

Legislation (2)
  • County Governments Act
  • Public Service Commission
Cases cited (2)
  • Lisper Kathure Mukuru v Tharaka Nithi County Government & Another [2018] eKLR
  • Republic v Secretary County Public Service Board ex parte Hulbai Gedi Abdille (supra)
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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