Vincent Omao Mariita v County Government of Nyamira & 4 others; Godfrey Kiriago Nyangau & another (Interested Parties) [2021] KEELRC 171 (KLR)

Summary at a glance

Facts

The Petitioner, Vincent Omao Mariita, filed a petition against the County Government of Nyamira and its officials, seeking declarations and injunctions regarding the recruitment and appointment of two interested parties, Godfrey Kiriago Nyangau and Elmelda Kemunto Nyaberu.

Issues

• Whether the secondment of the interested parties was procedural
• Whether the Petitioner is entitled to the orders sought

Reasoning

The court analyzed the Public Service Commission Act and the County Government Act to determine that the purpose of secondment is to preserve pension rights. The court found that the interested parties were not recruited to their positions and that their secondment was not procedural.

Outcome

The court granted the Petitioner's application for a declaration and injunction.

Orders

• A declaration that the Respondents have violated the Petitioner's fundamental rights
• A declaration that the appointment of the interested parties is illegal and unprocedural
• An order for the revocation of the Appointment letters for the recruitment/hiring and or secondment of the interested parties
• A permanent injunction restraining the Respondents from admitting the subject employees to the payroll and making payments to them

Remedies

• Declaration of violations
• Revocation of Appointment letters
• Permanent injunction

Authorities cited