Atandi v County Government of Kisii (Judicial Review E013 of 2025) [2026] KEELRC 393 (KLR) (18 February 2026) (Ruling)

Summary at a glance

Facts

The applicant, James Oyengo Atandi, was employed by the County Government of Kisii as a Ward Administrator. He was promoted to Assistant Director Administration Job Group P on July 1, 2022, but his salary and allowances were not adjusted. The County Public Service Board (CPSB) was removed by the Kisii County Assembly in April 2023, and the CPSB's decisions, including the applicant's promotion, were revoked.

Issues

• Whether the applicant had exhausted other forms of dispute resolution mechanisms before invoking the jurisdiction of the court.
• Whether the applicant's promotion was irregular or non-compliant with the law and policies and whether the CPSB's decisions were revoked by the County Assembly.

Reasoning

The court determined that the applicant had not appealed to the Public Service Commission prior to filing the application and that the CPSB's decisions, including the applicant's promotion, were revoked by the County Assembly.

Outcome

The ex parte applicant's motion was dismissed.

Orders

• An order of prohibition directed at the respondents prohibiting them from further withholding the ex parte applicant's salaries and allowances.

Authorities cited