County Secretary and Head of County Public Service County Government of Vihiga & another v Mbiti (Appeal E021 of 2025) [2026] KEELRC 1202 (KLR) (5 May 2026) (Ruling)
- Court
- Employment and Labour Relations Court
- Case number
- 1202
- Citation
- [2026] KEELRC 1202 (KLR)
- Decided
- 5 May 2026
- Judge
- DN Nderitu
- Parties
- raw · defendants · plaintiffs
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from an order of the Chief MagistrateCoramDN Nderitu
Holding
The appeal is allowed, and the orders of the lower court are stayed pending the hearing and determination of the appeal.
Facts
The Respondent filed an application for a temporary injunction against the Appellants, who are the County Secretary and Head of County Public Service. The application was dismissed by the lower court.
Issues
- Whether the application by the Appellants has merits
- Jurisdiction of the lower court
Reasoning
The court found that the lower court lacked both substantive and territorial jurisdiction, and that the Public Service Commission has the authority to hear and determine appeals arising from county public service.
Outcome
Appeal allowed
Orders
- The orders of the lower court are stayed pending the hearing and determination of the appeal
Remedies
- The orders of the lower court are stayed
Authorities cited
Legislation (3)
- Public Service Commission Act
- County Governments Act
- Civil Procedure Act
Cases cited (1)
- William Odhiambo Ramogi & 3 Others v Attorney General & 4 Others (2020) 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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