Tome & another v Bungoma County Assembly Service Board (CASB) & 9 others; Ethics and Anti-Corruption Commission (Interested Party) (Petition E007 of 2021) [2022] KEELRC 12864 (KLR) (6 October 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 12864
- Citation
- [2022] KEELRC 12864 (KLR)
- Decided
- 6 October 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetition for Preliminary ObjectionPostureRespondents filed a Notice of Preliminary ObjectionCoramInoti, JW KELI, Law, Nyarangi
Holding
The court found that the court has jurisdiction to hear the petition and that the petition is not premature.
Facts
The petitioners claim that the County Assembly Service Board (CASB) violated constitutional and statutory provisions related to recruitment and remuneration of employees.
Issues
- Whether the court has jurisdiction to hear and determine the petition
- Whether the petition is premature
Reasoning
The court ruled that the Public Service Commission has jurisdiction to hear appeals from decisions of County Government Service Boards, including the CASB, and that the petitioners must exhaust the alternative remedy of appealing to the Public Service Commission before filing a legal proceeding in court.
Outcome
The Notice of Preliminary Objection is dismissed.
Orders
- The Notice of Preliminary Objection is dismissed
Authorities cited
Legislation (5)
- Article 234(2)(i) of the Constitution
- County Governments Act
- Public Service Commission Act
- Public Finance Management Act
- Public Finance Management (County Governments Regulations) 2015
Cases cited (2)
- Mukisa Biscuits Manufacturing Co Ltd v West End Distributors Ltd (1969) EA 676-701
- Secretary County Public Service Board v Hulbai Gedi Abdille (2017)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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