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Makal Loluka Solomon & 3 others v Speaker County Assembly of Baringo & another [2019] KEELRC 1835 (KLR)

[2019] KEELRC 1835 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1835
Citation
[2019] KEELRC 1835 (KLR)
Decided
24 January 2019
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypePetition for Judicial ReviewPostureRespondents filed preliminary objections and application in limine.CoramM. MBARU JUDGE
Court dismisses preliminary objections and finds jurisdiction over the petitioners' matters.

Facts

Petitioners are political appointees who hold positions under the County Government Act and seek to challenge a decision to disband the County Public Service Board. They claim the court has jurisdiction over their employment and labor relations matters.

Issues

  • Court's jurisdiction over employment and labor relations matters
  • Political Parties Act applicability
  • Standing of petitioners to file suit as representative

Reasoning

Court upholds jurisdiction under Article 162(2) of the Constitution and Employment and Labour Relations Court Act, noting the County Public Service Board's role and the lack of applicability of Political Parties Act.

Outcome

Petition dismissed with no costs awarded.

Orders

  • File removed to ELRC Eldoret registry for further directions.
  • Interim orders extended for mention on a date to be allocated in court.

Authorities cited

Legislation (17)
  • County Government of Kisumu & 2 others v Kisumu County Assembly Service Board & 6 others [2015] eKLR
  • Republic v Clerk County Assembly of Baringo ex parte William Kassait Kamket [2015] eKLR
  • Peter Lokol Lomulen & 2 Others v Governor, County Government of Turkana & 3 others [2016] eKLR
  • Republic v Chairman, Political Parties Disputes Tribunal & 2 others ex parte Susan Kihika Wakarura [2017] eKLR
  • Priscilla Nyokabi Kanyua v AG & Interim Independent Electoral Commission, Nairobi HCCP No.1 od 2010
  • John Kipng’eno Koech & 2 others v Nakuru County Assembly & 5 others [2013] eKLR
  • County Government of Kisumu & 2 others v Kisumu County Assembly Service Board & 6 others [2015] eKLR
  • Republic v Clerk County Assembly of Baringo ex parte William Kassait Kamket [2015] eKLR
  • Peter Lokol Lomulen & 2 Others v Governor, County Government of Turkana & 3 others [2016] eKLR
  • Republic v Chairman, Political Parties Disputes Tribunal & 2 others ex parte Susan Kihika Wakarura [2017] eKLR
  • Priscilla Nyokabi Kanyua v AG & Interim Independent Electoral Commission, Nairobi HCCP No.1 od 2010
  • John Kipng’eno Koech & 2 others v Nakuru County Assembly & 5 others [2013] eKLR
  • Article 162(2) of the Constitution, 2010
  • Article 251(1) of the Constitution, 2010
  • County Government Act
  • Public Service Act
  • Political Parties Act
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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