Tome & another v Bungoma County Assembly Service Board (CASB) & 9 others; Ethics and Anti-Corruption Commission (Interested Party) (Employment and Labour Relations Petition E007 of 2021) [2022] KEELRC 1337 (KLR) (18 May 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1337
- Citation
- [2022] KEELRC 1337 (KLR)
- Decided
- 18 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour Relations PetitionPostureAppeal from original trialCoramJW KELI
Holding
The court allowed the application to expedite the disposal of the Notice of Motion and ordered the amended undated Notice of Motion to be heard first.
Facts
The Petitioners filed an urgent application seeking a temporary conservatory order and a declaration that the recruitment and deployment of 55 persons without adequate budgetary allocation of funds is a violation of the Constitution.
Issues
- Advertised 55 job vacancies in the County Assembly of Bungoma in contravention of Articles 2, 10, 73, 201, 207 and 232 of the Constitution of Kenya.
- Enforcement of the Constitution of Kenya, 2010 under Sections 3, 10, 22 and 258.
- Contravention of the Fiscal Responsibility Principles between the Petitioners and Respondents
Reasoning
The court allowed the application due to the Petitioner's lack of understanding of court case management processes and the error in the record.
Outcome
The application was allowed, and the directions of the Court of 29th November 2021 were vacated.
Orders
- The application is allowed.
- The amended undated Notice of Motion received in court on 2nd November 2022 to be heard first.
- Costs in the cause.
Authorities cited
Legislation (3)
- Public Finance Management Act, 2012
- Public Finance Management (County Governments) Regulations 2015
- Employment and Labour Relations Court Act
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.
Loading judgment…