Rotich v Board of the Municipality of Kericho & 3 others (Petition E017 of 2025) [2026] KEELRC 728 (KLR) (3 March 2026) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 728
- Citation
- [2026] KEELRC 728 (KLR)
- Decided
- 3 March 2026
The court dismissed the preliminary objection, finding that the Petitioner was not bound by the internal conflict resolution mechanism and that the Kericho Municipal Board's actions were unconstitutional, procedurally unfair, ultra vires, and a nullity ab initio.
Facts
Petitioner was appointed as Municipal Manager by the Kericho County Public Service Board in June 2019 and renewed in June 2024. In March 2025, the Kericho Municipal Board issued a termination letter, which was later overturned. In September 2025, the 1st Respondent suspended and appointed an Acting Municipal Manager.
Issues
- Whether the Petitioner was bound by the internal conflict resolution mechanism provided in the County Governments Act and Public Service Commission Act.
- Whether the Kericho Municipal Board's actions were unconstitutional, procedurally unfair, ultra vires, and a nullity ab initio.
Reasoning
The court ruled that the Petitioner was lawfully appointed and that the Kericho Municipal Board's actions were unlawful and unconstitutional.
Outcome
The preliminary objection was dismissed.
Authorities cited
Legislation (3)
- County Governments Act
- Public Service Commission Act
- Fair Administrative Action Act
Cases cited (6)
- Odinga v Independent Electoral & Boundaries Commission & 3 others
- Mukisa Biscuit Manufacturing Co Ltd v West End Distributors Ltd
- Speaker of the National Assembly v Karume
- Nyamira County Public Service Board & 2 others v Mageto
- Nyaoga v Chairman Kisii County Assembly & 3 others
- Republic vs. National Environmental Management Authority Ex Parte Sound Equipment Ltd
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