Atyang v Busia County Assembly Service Board & 4 others (Petition E002 of 2025) [2026] KEELRC 799 (KLR) (19 March 2026) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 799
- Citation
- [2026] KEELRC 799 (KLR)
- Decided
- 19 March 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetition for Declaration and InjunctionPostureRespondents' preliminary objections dismissed; Petitioner's claims for declaration, injunction, and refund upheldCoramDAVID NDERITU
Holding
The court has both territorial and substantive jurisdiction over the issues and matters raised in the petition and the court is urged to dismiss the two POs with costs.
Facts
Petitioner seeks declarations and orders against respondents regarding their appointments as acting clerk of Busia County Assembly, alleging violations of constitutional and statutory provisions.
Issues
- Whether the court has jurisdiction to determine the petition and application
- Whether the petitioner/applicant has the requisite locus standi to institute the petition and application
Reasoning
The court found that it has jurisdiction to interpret and apply the Constitution in matters of employment and labour relations, and that the petitioner has the requisite legal standing to file and present the petition based on constitutional provisions.
Outcome
The two preliminary objections raised by the respondents are hereby dismissed for lack of merits.
Orders
- Declaration that the appointment of the 3rd Respondent as the Acting Clerk of Busia County Assembly contravenes the provisions of Section 21 of the County Assemblies Service Act and is null and void.
- Declaration that the appointment of the 3rd Respondent as the Acting Clerk of Busia County Assembly contravenes the provisions of Article 27(1) and (5) of the Constitution of Kenya.
- Order of certiorari to quash the gazette notice appointing the 3rd Respondent as the Acting Clerk of Busia County Assembly.
- Order of injunction barring the 3rd Respondent from acting as the Acting Clerk of the County Assembly of Busia.
- Order of refund directing the 3rd Respondent to refund all Special Duty Allowance, Acting Allowance, Per Diem, and other benefits earned while acting as Acting Clerk of the Busia County Assembly.
- Order that the respondent bears the costs of the petition herein.
Remedies
- Declaration
- Certiorari
- Injunction
- Refund
Authorities cited
Legislation (3)
- County Assemblies Service Act
- Constitution of Kenya
- Employment and Labour Relations Court Act
Cases cited (4)
- County Assemblies Forum; Parliamentary Service Commission (Interested Party) V Attorney General & 3 Others (2022) KESC 66 KLR
- Governor, County Government of Kakamega & 4 Others V Omweno & 12 Others (2025) KECA 190 (KLR)
- Judicial Service Commission V Gladys Boss Shollei (2014) eKLR
- Kenya Tea Growers Association & 2 Others V National Social Security Fund Board of Trustees & 13 Others (2024) 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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