Nyagah v Governor Nairobi City County & 4 others (Employment and Labour Relations Cause E135 of 2022) [2023] KEELRC 2064 (KLR) (8 August 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2064
- Citation
- [2023] KEELRC 2064 (KLR)
- Decided
- 8 August 2023
Summary at a glance
TypeEmployment and Labour RelationsPostureRespondent's preliminary objections to the claimant's petitionCoramAN MWAURE
The court dismissed the preliminary objections and declared that the petition is not a legal nullity.
Facts
The claimant, Martin Gitau Nyagah, filed a petition against the Governor of Nairobi City County and four others. The respondent raised preliminary objections based on jurisdictional grounds.
Issues
- Jurisdiction of the Employment and Labour Relations Court
- Authority to remove County Public Service Board members
Reasoning
The court ruled that the petition is not in violation of section 58(5) of the County Government Act and article 251 of the Constitution, and that the court has jurisdiction to hear and determine the petition.
Outcome
The petition is not dismissed.
Orders
- The preliminary objections are dismissed.
- The petition is not a legal nullity.
Authorities cited
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