Githinji v County Public Service Board, Embu County & another (Cause E024 of 2023) [2023] KEELRC 2775 (KLR) (3 November 2023) (Ruling)

Summary at a glance

Facts

The claimant, Jeremiah Ngari Githinji, was a County Attorney whose contract was renewed and terms enhanced by the County Public Service Board, Embu County. The respondents, the County Public Service Board and the County Government of Embu, are withholding the claimant's salary.

Issues

• Whether interlocutory injunction should be issued to restrain the respondents from withholding the claimant's salary pending hearing and determination of the suit.
• Whether the interim orders made on 22nd August, 2023 and 21st September, 2023 should be reviewed, varied or set aside.

Reasoning

The court considers the claimant's evidence and the provisions of the Office of the County Attorney Act, finding that the claimant was validly appointed and the contract was renewed. The interim orders are set aside as the claimant's evidence is more compelling.

Outcome

The interim orders are set aside.

Orders

• The court grants the claimant's motion for an interlocutory injunction to restrain the respondents from withholding his salary pending hearing and determination of the suit.
• The court sets aside the interim orders made on 22nd August, 2023 and 21st September, 2023.

Remedies

• Interlocutory injunction to restrain the respondents from withholding the claimant's salary pending hearing and determination of the suit.

Authorities cited