David Baariu Mwirabua & 2 others v Governor Meru County & another [2019] KEELRC 2358 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2358
- Citation
- [2019] KEELRC 2358 (KLR)
- Decided
- 7 February 2019
Summary at a glance
TypeLabor DisputePostureAppeal DismissedCoramNzioki wa Makau
The suits are dismissed as the mandatory procedure under Section 77 of the County Governments Act must be followed.
Facts
Claimants were former chief officers of the 2nd Respondent who were sent on compulsory leave by the 1st Respondent. They claimed breach of contract and unfair labour practices.
Issues
- Whether the Claimants were employed for a 5-year term
- Whether the Claimants had a contract of service
- Whether the Claimants were civil servants within the County Public Service
- Whether the Claimants should have appealed to the Public Service Commission
Reasoning
The legislature intended for disputes arising from appointments to be resolved by the Public Service Commission, not the court. The suits were filed prematurely.
Outcome
Dismissed
Authorities cited
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