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Kenneth Njagi Mburia & 4 others v Tharaka Nithi County Government [2020] KEELRC 67 (KLR)

[2020] KEELRC 67 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
67
Citation
[2020] KEELRC 67 (KLR)
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

TypeLabor DisputePostureRespondent raised a preliminary objection to the jurisdiction of the court.CoramNzioki wa Makau
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

Claimants are County Executive Committee (CEC) Members who were removed by the Governor. Respondent argues that only the High Court has jurisdiction over disputes involving CEC Members.

Issues

  • Does this Court have jurisdiction to handle the claim?
  • Is there an employee-employer relationship between CEC Members and the County Government or the Governor?

Reasoning

The Employment Act 2007 does not apply to Members of the County Executive Committees, who are State Officers. The Court is not seized of the matter due to lack of jurisdiction.

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)
  • Employment Act 2007
  • County Governments Act 2012
Cases cited (5)
  • Motor Vessel Lillian 'S' v Caltex Oil (K) Ltd. [1989] KLR 1
  • Tom Luusa Munyasya & Another v Governor, Makueni County & Another [2014] eKLR
  • Mary Wambui Mutonyi & 5 Others v Laikipia County Government & 2 Others [2018] eKLR
  • Article 162(2) of the Constitution
  • Article 236 of the Constitution
⚠ 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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