Onyango v Speaker County Assembly of Migori & 2 others (Cause E088 of 2023) [2024] KEELRC 376 (KLR) (29 February 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 376
- Citation
- [2024] KEELRC 376 (KLR)
- Decided
- 29 February 2024
Summary at a glance
TypeLabor DisputePosturePetition for Interim Injunction and Leave to AmendCoramCN BAARI
The court has jurisdiction to determine the motion and the claim, and an injunction can issue against a County Government.
Facts
Onyango was appointed as the Clerk of the County Assembly of Migori. On December 14, 2023, the County Assembly revoked his appointment based on a report recommending his removal.
Issues
- Whether the court has jurisdiction to determine the motion and the claim
- Whether an injunction can issue against a County Government
- Whether the applicant has met the threshold for grant of the orders sought
Reasoning
The court found that the applicant has not exhausted available alternative dispute resolution mechanisms and that disputes arising from the County Government Public Service are required to be heard by the Public Service Commission.
Outcome
The application was dismissed.
Orders
- Interim injunction against the respondents to restrain them from implementing the resolution of the County Assembly of Migori revoking Onyango's appointment as Clerk of the County Assembly of Migori
Remedies
- Interim injunction
Authorities cited
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