Kenneth Njagi Mburia & 4 others v Tharaka Nithi County Government [2020] KEELRC 52 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 52
- Citation
- [2020] KEELRC 52 (KLR)
- Decided
- 6 October 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureRespondent raised a preliminary objection to the jurisdiction of the court.CoramNzioki wa Makau
Holding
The Court holds that the Court has no jurisdiction to entertain the suit as there is no employee-employer relationship between the CEC Members and the County Government or the Governor.
Facts
The claimants are County Executive Committee (CEC) Members who were removed by the Governor. The respondent argued that only the High Court has jurisdiction to handle disputes involving such appointments.
Issues
- Does this Court have jurisdiction to handle the claim?
- Is there an employee-employer relationship between the CEC Members and the County Government or the Governor?
Reasoning
The Court found that the CEC Members are State Officers, whose procedures in removal from office are distinct from those of public servants. The Employment Act 2007 does not apply to them, and the County Governments Act 2012 does not provide for their protection against wrongful removal.
Outcome
The suit is struck out with costs to the respondent.
Orders
- The suit is struck out with costs to the respondent.
Authorities cited
Legislation (2)
- County Governments Act 2012
- Employment Act 2007
Cases cited (6)
- Motor Vessel Lillian 'S' v Caltex Oil (K) Ltd. [1989] KLR 1
- Tom Luusa Munyasya & Another v Governor, Makueni County & Another [2014] eKLR
- Tom Luusa Munyasya & Another v Governor, Makueni County & Another [2015] eKLR
- Mary Wambui Mutonyi & 5 Others v Laikipia County Government & 2 Others [2018] eKLR
- Article 162(2) of the Constitution of Kenya
- Article 236 of the Constitution of Kenya
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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