Venansio Mbataru Kariuki v Governor, County Government of Nyandarua & 2 others [2019] KEELRC 333 (KLR)

Facts

The claimant, Venansio Mbataru Kariuki, was appointed as a County Executive Committee Member (CEC Member) for Public Administration and ICT by the Governor of Nyandarua County. He was terminated summarily on August 20, 2019, without notice. The claimant seeks reinstatement and other remedies.

Issues

1. Whether the claimant should be reinstated as CEC Member for Public Administration and ICT.
2. Whether the County Assembly of Nyandarua should be barred from vetting new nominees to replace the claimant.
3. Whether the Governor should be barred from replacing, dismissing, firing, or removing the claimant from his office.
4. Whether the Governor should be stopped from filling the position of CEC Member for Public Administration and ICT.

Reasoning

The court determined that the claimant's two-year contract was not terminated, and he should be reinstated. The Governor's actions were found to be discriminatory and in violation of fair labour practices.

Outcome

Reinstatement of the claimant as CEC Member for Public Administration and ICT

Authorities cited