Odundo aka Odundo Tobias Samson v County Government of Homa Bay (Cause E072 of 2024) [2025] KEELRC 611 (KLR) (27 February 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 611
- Citation
- [2025] KEELRC 611 (KLR)
- Decided
- 27 February 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePosturePreliminary ObjectionCoramNZIOKI WA MAKAU
Holding
The objection raised is dismissed with costs to the Claimant.
Facts
The Claimant, Tobias Odundo, seeks service gratuity from the County Government of Homa Bay, which was computed at Kshs. 3,281,040. The Respondent, County Government of Homa Bay, raised a notice of preliminary objection arguing lack of jurisdiction.
Issues
- Claimant's jurisdiction to sue
- Respondent's argument on non-compliance with statutory provisions
Reasoning
The Court finds the objection lacks merit, citing the exhaustion doctrine and the provisions of the County Governments Act and the Constitution.
Outcome
Claimant's preliminary objection dismissed with costs
Orders
- Directions on disposal of the claim to follow this Ruling
Authorities cited
Legislation (2)
- County Governments Act
- Public Service Act
Cases cited (2)
- Mukisa Biscuits Manufacturing Co. v West End Distributors Ltd
- Georey Muthinja & another v Samuel Muguna Henry & 1756 others
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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