Oloo v Governor, Homabay County & 3 others; Salaries & Remuneration Commission (Interested Party) (Petition E044 of 2022) [2022] KEELRC 13348 (KLR) (1 December 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13348
- Citation
- [2022] KEELRC 13348 (KLR)
- Decided
- 1 December 2022
The court orders an injunction to stay the effect of the respondents' appointments of the named individuals as advisors, liaison officers, and governors delivery unit members until the petition is heard and determined
Facts
The petitioner alleges illegal and unconstitutional appointments of advisors and liaison officers by the respondents, which he claims were not in accordance with the County Government Act and the Public Service (Values and Principles) Act.
Issues
- Whether the appointment of advisors and other officials in the Executive Office of the Governor should be stayed pending the hearing of the petition
- Whether the County Public Service Board was involved in the establishment and appointment of the advisors
Reasoning
The court finds a prima facie case that the appointments were illegal and unconstitutional, and that the County Public Service Board was not involved in the establishment of the positions. The court grants the injunction to prevent irreparable injury to the county government and its people.
Outcome
The court grants the injunction
Orders
- An order is issued staying the effect of the notice dated October 11, 2022, appointing or continuing with the process of appointment of the named individuals as advisors, liaison officers, and governors delivery unit members until the petition is heard and determined
Remedies
- An injunction to stay the effect of the respondents' appointments
Authorities cited
Legislation (3)
- County Government Act
- Public Service (Values and Principles) Act
- Salaries and Remuneration Commission Act
Cases cited (2)
- Giella v Cassman Brown & Co Ltd
- Mrao Ltd v First American Bank of Kenya Ltd & 2 others
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