SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Duncan Otieno Ouma & another v County Government of Nyamira & 5 others [2022] KEELRC 422 (KLR)

[2022] KEELRC 422 (KLR) Employment & Labour Relations Court
Read PDF
Court
Employment & Labour Relations Court
Case number
422
Citation
[2022] KEELRC 422 (KLR)
Decided
30 March 2022
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeLabour DisputePostureAppeal from a decision to strike out the petitionCoramRADIDO STEPHEN, MCIARB
The court declines jurisdiction due to the failure to exhaust statutory appellate procedures.

Facts

The 2 petitioners sued the 5 respondents alleging unfair termination of their contracts by the County Public Service Board.

Issues

  • Jurisdiction of the court over the petition
  • Exhaustion of alternative dispute resolution mechanisms

Reasoning

The court found that the termination of the contracts was not within the disciplinary control powers of the County Public Service Board and fell under the appellate power of the Public Service Commission. The court also noted that the petitioners did not exhaust the statutory appellate procedure.

Outcome

The petition is struck out with no order on costs.

Authorities cited

Legislation (3)
  • County Governments Act
  • Public Service Commission Act
  • Employment Act
Cases cited (2)
  • Speaker of the National Assembly v Karume (2008) 1 KLR 425
  • Secretary, County Public Service Board v Haulbhai Gedi Abdille (2017) eKLR
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case