Thomas Tongi Mogendi & 2 others v Kisii County Assembly Service Board & 4 others [2021] KEELRC 283 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 283
- Citation
- [2021] KEELRC 283 (KLR)
The court rules that the Clerk of the 1st Respondent (the Secretary) has the authority to appoint representatives and issue instructions for representation.
Facts
The 1st Respondent (County Assembly Service Board) appointed Ms. Brenda Nyamwaya and Ms. Grace Muma to represent them in a petition, while the Firm of Omusolo Mungai & Co. Advocates was also appointed to represent the 1st Respondent. There was a dispute over who had the authority to appoint the representatives.
Issues
- Who has the authority to appoint representatives for the 1st Respondent?
- Who has the authority to issue instructions for representation?
Reasoning
The court relies on Section 17 of the County Assembly Services Act, 2017, which states that the Secretary is responsible for executing the decisions of the Board and assigning duties to the staff.
Outcome
The court rules that the appointment of the Firm of Omusolo Mungai & Co. Advocates is expunged from the court record, and Ms. Brenda Nyamwaya and Ms. Grace Muma are deemed to have lawfully been instructed and are properly on record for the 1st Respondent.
Orders
- The Notice of Appointment of Advocates filed by the Firm of Omusolo Mungai & Co. Advocates to act for the 1st Respondent is expunged from the court record.
Authorities cited
Legislation (1)
- County Assembly Services Act, 2017
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