John Mwivithi Mutie v Speaker Kiambu County Assembly & 2 others; County Secretary Kiambu County Government & another (Interested Parties) [2022] KEELRC 606 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 606
- Citation
- [2022] KEELRC 606 (KLR)
- Decided
- 4 March 2022
Summary at a glance
TypeLabor DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramJAMES RIKA
The Petitioner is not required to submit his employment grievances to the Public Service Commission and the Court retains jurisdiction over the matter.
Facts
The Petitioner, John Mwivithi Mutie, is the Clerk of the Kiambu County Assembly. He alleges that the Respondents, the Speaker, County Assembly Service Board, and the County Secretary, have interfered with his employment by transferring him from the County Assembly Service Board to the Public Service Board.
Issues
- Whether the Petitioner is duly appointed as the Clerk of the Kiambu County Assembly Service Board
- Whether the Respondents have engaged in a malicious scheme to unlawfully transfer the Petitioner's services
- Whether the Respondents are in breach of contract by interfering with the Petitioner's employment
Reasoning
The Court declines the Preliminary Objection and orders the parties to fix the pending Applications for hearing.
Outcome
The Petitioner's Petition is allowed.
Orders
- Decline Preliminary Objection
- Order parties to fix pending Applications for hearing
Remedies
- Permanent injunction restraining the Respondents from permanently transferring the Petitioner and/or his services
- Permanent injunction restraining the Respondents from intimidating, harassing, threatening, and bullying the Petitioner
Authorities cited
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