Abdudo & 15 others v County Government of Marsabit & 5 others; Qotto & 23 others (Interested Parties) (Employment and Labour Relations Petition E001 of 2023) [2023] KEELRC 843 (KLR) (13 April 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 843
- Citation
- [2023] KEELRC 843 (KLR)
- Decided
- 13 April 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour Relations PetitionPostureAppeal from the County Government of Marsabit and 5 othersCoramON MAKAU
Holding
The court finds that the petition meets the competence threshold and has merits.
Facts
The County Government of Marsabit advertised 19 vacancies for County Chief Officer (CCO) positions, shortlisted 101 candidates, interviewed them, and nominated 24 candidates for the position. The nominations excluded candidates from El Molo, Samburu, Sakuye, and Waata communities and persons with disabilities.
Issues
- Whether the petition meets the competence threshold.
- Whether the petition offends the doctrine of exhaustion.
- Whether the petition has merits.
- Whether the reliefs sought are merited.
Reasoning
The court holds that the petitioners have a valid case of violation of fundamental freedoms and rights due to discrimination against minorities and persons with disabilities in the nomination process.
Outcome
The court finds in favor of the petitioners.
Remedies
- The court orders the County Government of Marsabit to nominate candidates from all communities and persons with disabilities for the position of County Chief Officer.
Authorities cited
Legislation (1)
- Public Service Commission Act
Cases cited (2)
- Anarita Karimi Njeru case
- Georey Muthiga Kabiru & 2 others v Samuel Munga Henry 1756 others (2015) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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