Francis Angueyah Ominde v Walter Ottichilo & 2 others; Henry Mag’ong’o Lumbasion & 20 others (Interested Parties) [2020] KEELRC 846 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 846
- Citation
- [2020] KEELRC 846 (KLR)
The conservatory order is granted, prohibiting the 1st and 3rd respondents from limiting the respective tenure of the petitioner/interested parties/ applicants to 2 or 3 years and replacing anyone or all of them with other persons named or not in this suit until the petition is heard and determined.
Facts
Petitioner and interested parties sought a conservatory order to suspend their tenures and continue serving until the petition is heard. The 1st and 3rd respondents filed an application to set aside the conservatory order.
Issues
- Whether the conservatory order met the threshold for finalization within 21 days
- Whether the Governor may lawfully abridge the term of an Executive committee member at the time of appointment
Reasoning
The conservatory order was granted as the petitioner/interested party applicants satisfied the criteria set out in the Munya case. The Governor's abridgment of the term of an Executive committee member is a weighty matter requiring full determination.
Outcome
Conservatory order granted
Orders
- Conservatory order prohibiting the 1st and 3rd respondents from limiting the respective tenure of the petitioner/interested parties/ applicants to 2 or 3 years and replacing anyone or all of them with other persons named or not in this suit until the petition is heard and determined
Remedies
- Conservatory order
Authorities cited
Legislation (2)
- County Government of Vihiga Act
- Civil Procedure Act
Cases cited (1)
- Munya v. County Government of Vihiga (2018) KEELRC 104 (KLR)
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