Duncan Otieno Ouma & another v County Government of Nyamira & 5 others [2022] KEELRC 422 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 422
- Citation
- [2022] KEELRC 422 (KLR)
- Decided
- 30 March 2022
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
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