Republic v Governor, Machakos County & another; Kathili (Exparte) (Judicial Review Application E034 of 2021) [2022] KEELRC 12798 (KLR) (26 September 2022) (Judgment)

Summary at a glance

Facts

The applicant, James Musango Kathili, was allegedly indefinitely suspended as County Attorney of Machakos County by the Governor of Machakos County. The applicant claims this was in violation of constitutional provisions and fair administrative action.

Issues

• violation of constitutional provisions
• inadequate adherence to fair administrative action principles
• illegality of the suspension process

Reasoning

The court found that the suspension was not in accordance with constitutional principles of good governance, fair administrative action, and fair labour practices. The process leading to the decision was tainted with illegality.

Outcome

Judgment in favor of the applicant, quashing the suspension and ordering reinstatement

Orders

• Order of Certiorari to quash the decision to indefinitely suspend the applicant
• Immediate reinstatement of the applicant as County Attorney General of Machakos County with no loss of benefits
• Payment of costs by the respondent

Remedies

• Quashing of the decision to indefinitely suspend the applicant
• Reinstatement of the applicant as County Attorney General of Machakos County

Authorities cited