Bosire & 4 others v Nyaribo & 8 others (Petition 010 of 2022) [2023] KEELRC 99 (KLR) (25 January 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 99
- Citation
- [2023] KEELRC 99 (KLR)
- Decided
- 25 January 2023
The respondents' motion to dismiss the petitioners' claim is dismissed with costs to be paid personally by the respondents' advocate on record.
Facts
Petitioners were appointed as County Executive Committee members but the appointing Governor died before the end of his term. The Deputy Governor appointed new members. Petitioners sued to quash the appointments and continue in office.
Issues
- Whether the court in Kericho had held that the petitioners' employment was tied to the tenure of the appointing governor.
- Whether the court in Kericho's ruling on the petitioners' employment was binding on this court.
Reasoning
The court in Kericho had ruled that the petitioners' employment was tied to the tenure of the appointing governor, and consequently, there was no contractual relationship with the 1st respondent who took office upon the demise of the appointing governor. The application is res judicata and an abuse of the court process.
Outcome
The petitioners' claim is dismissed with costs.
Orders
- The respondents' motion to dismiss the petitioners' claim is dismissed with costs to be paid personally by the respondents' advocate on record.
Loading judgment…