Barasa Kundu Nyukuri v County Assembly Service Board & 7 others [2021] KEELRC 1857 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1857
- Citation
- [2021] KEELRC 1857 (KLR)
- Decided
- 13 April 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePublic Interest LitigationPostureRespondents filed a Motion under a certificate of urgency seeking orders.CoramRadido Stephen, MCIArb
Holding
The temporary injunction granted on 17 April 2019 stands vacated by operation of the law.
Facts
The Petitioner alleged that the County Assembly Service Board had failed to uphold constitutional values and principles in career development and management.
Issues
- Unconstitutionality of the Board's decision to promote some members of staff.
- Abuse of office and non-adherence to the rule of law and due process by the Board in the advertisement of positions for employment.
- Unconstitutionality of the Board's decision to harmonise, promote, realign and grade officers in July 2018.
Reasoning
The Court found that the Petition had been pending for nearly 2 years and there was no sufficient explanation for the delay.
Outcome
The Petition to be heard on an accelerated basis.
Orders
- Temporary injunction granted on 17 April 2019 stands vacated.
- Petition to be heard on an accelerated basis.
- Petitioner to file and serve submissions on or before 13 May 2021.
- Respondents to file and serve their submissions on or before 13 June 2021.
- Mention on 14 June 2021 to confirm compliance and to give judgment date.
Remedies
- Accelerated hearing of the Petition.
- Petitioner to file and serve submissions on or before 13 May 2021.
- Respondents to file and serve their submissions on or before 13 June 2021.
Authorities cited
Legislation (6)
- Constitution of Kenya, 2010
- County Governments Act, 2012
- Employment Act, 2007
- County Assemblies Services Act, 2017
- Public Officers Ethics Act, 2003
- Leadership and Integrity Act, 2012
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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