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Samwel Onyango Okelo & another v County Government of Kisumu & another [2021] KEELRC 2247 (KLR)

[2021] KEELRC 2247 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2247
Citation
[2021] KEELRC 2247 (KLR)
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

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

Legislation (4)
  • Employment Act of Kenya
  • Fair Administrative Action Act
  • Urban Areas and Cities Act, 2011
  • Urban Areas and Cities (Amendment) Act, 2019
Cases cited (1)
  • Ridge v. Baldwin (1963) All ER 66
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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