Kaudo v Speaker Homabay County Assembly & another; Nyangi & 4 others (Interested Parties) (Employment and Labour Relations Petition 27 of 2020) [2022] KEELRC 12698 (KLR) (29 September 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 12698
- Citation
- [2022] KEELRC 12698 (KLR)
- Decided
- 29 September 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour Relations PetitionPosturePetitioner seeks declarations and orders against the respondents regarding their actions in suspending and terminating his employmentCoramCN BAARI
Holding
The petitioner's suspension and termination were unlawful and without due process, and the appointment of the new clerk was unprocedural.
Facts
The petitioner was suspended and later terminated by the respondents without due process, and a new clerk was appointed without adhering to statutory and constitutional requirements.
Issues
- unlawful suspension and termination
- violation of constitutional rights
- unprocedural appointment of new clerk
Reasoning
The court found that the respondents violated constitutional and statutory requirements by suspending and terminating the petitioner without due process and appointing a new clerk without proper procedures.
Outcome
The court granted the petitioner's prayer for reinstatement and ordered the respondents to reinstate him.
Orders
- reinstatement of the petitioner as Clerk of the County Assembly of Homabay
Remedies
- reinstatement of the petitioner as Clerk of the County Assembly of Homabay
Authorities cited
Legislation (2)
- County Assemblies Service Act, 2017
- County Government Act
Cases cited (3)
- Mary Chemweno Kiptui v Kenya Pipeline Company Limited (2014) eKLR
- Judicial Service Commission v Mbalu Mutava & another (2015) eKLR
- Denis Musyoka Mutui v Kwale County Assembly Service Board & another (2018) eKLR
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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