Republic v County Executive Committee, Finance Migori County Government & 2 others; Kenya County Government Workers Union (Exparte) (Miscellaneous Civil Application 6 of 2018) [2022] KEELRC 13526 (KLR) (14 December 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13526
- Citation
- [2022] KEELRC 13526 (KLR)
- Decided
- 14 December 2022
Summary at a glance
TypeMiscellaneous Civil ApplicationPostureAppeal from an order of the Employment and Labour Relations CourtCoramRADIDO
The court vacates the order staying the arrest of the Chief Officer, Finance, Migori County Government and orders her to be arrested and brought before the court.
Facts
The County Executive Committee, Finance of Migori County Government failed to comply with a court order to pay Kshs 35,000,000/- within a defined timeframe. The County Assembly had previously rejected two supplementary budgets.
Issues
- County Executive Committee's failure to comply with court order
- Misrepresentation by County Executive Committee
Reasoning
The court found that the County Executive Committee misrepresented the actual facts to the court when seeking to stay the arrest warrant. The court concluded that the County Assembly had already rejected the supplementary budgets upon which the commitment was made.
Outcome
County Executive Committee's arrest ordered
Orders
- Order to pay Kshs 35,000,000/- within a defined timeframe
- Order to stay arrest pending hearing
Remedies
- Arrest of the Chief Officer, Finance, Migori County Government
Authorities cited
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