Samwel Onyango Okelo & another v County Government of Kisumu & another [2021] KEELRC 2247 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2247
- Citation
- [2021] KEELRC 2247 (KLR)
Summary at a glance
TypeLabor DisputePosturePetition for Declaration and CompensationCoramMATHEWS N. NDUMA
The termination of the petitioners' appointments was illegal and void due to lack of due process.
Facts
The petitioners were appointed as members of the Kisumu County City Board by the County Government of Kisumu. They were terminated without notice or opportunity to be heard, alleging violation of constitutional rights.
Issues
- violation of constitutional rights
- due process in termination
Reasoning
The court found that the termination violated Article 27, 41, and 47 of the Constitution, as it was made without notice and opportunity to be heard.
Outcome
The petitioners remain in office as members of the Kisumu County City Board until their term expires or they are lawfully removed.
Orders
- Quash the decision to terminate the petitioners' appointments
- Order the respondents to pay the costs of the suit
Remedies
- Remain in office as appointed members
Authorities cited
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