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Job Ong’ Ombe Gesembe v Kimwomi Nyaribo & 2 others [2021] KEELRC 1953 (KLR)

[2021] KEELRC 1953 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1953
Citation
[2021] KEELRC 1953 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePetition for Injunction and ReinstatementPosturePetition dismissed without meritCoramHON. LADY JUSTICE HELLEN WASILWA
Holding

Application dismissed without merit

Facts

Petitioner Job Ong’ Ombe Gesembe was appointed as Culture, Heritage and Art Advisor to Governor Nyamira County. The Governor died on December 18, 2020, and the Deputy Governor, the 1st Respondent, assumed office. The 1st Respondent terminated the petitioner's services on January 12, 2021, without legal justification.

Issues

  1. Fundamental Rights and Freedoms under Articles 27(1), (2) and (3), 28, 41(1), 47(1) and 50(1) of the Constitution of Kenya 2010
  2. Rules 4, 10, 11, 13 and 20 of the Constitution of Kenya Supervisory Jurisdiction and Protection of Fundamental Rights and Freedoms of the Individual
  3. Actions Act Section 45 of the Fair Administrative Act
  4. Employment Act Section 45 of the Employment Act

Reasoning

Petitioner failed to establish a prima facie case and the application was not supported by constitutional or statutory provisions.

Outcome

Application dismissed

Authorities cited

Legislation (3)
  • Constitution of Kenya 2010
  • Fair Administrative Act
  • Employment Act
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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