Lidalo & another v County Government of Kakamega & 2 others (Cause E016 of 2023) [2023] KEELRC 3241 (KLR) (7 December 2023) (Ruling)

Facts

The applicants, Howard Lidalo and Mercy Ikhoya, were dismissed by the County Government of Kakamega and the County Public Service Board. They filed a suit challenging the dismissal and seeking reinstatement, payment of withheld salaries, and damages. The 2nd Respondent, County Public Service Board, advertised positions previously held by the applicants.

Issues

1. Whether the applicants have proved on a balance of probabilities that allowing the recruitment will render their claim an academic exercise.
2. Whether the court should grant a stay of recruitment pending the determination of the claim.

Reasoning

The court held that the applicants have a prima facie case and that the recruitment would render their claim an academic exercise. The court also considered the public interest in the smooth running of public services and the public interest in the adjudicatory authority of the court.

Outcome

The court granted the application for a stay of recruitment.

Authorities cited