[2020] KEELRC 119 (KLR)

[2020] KEELRC 119 (KLR)

The court found that the petitioner had articulated the alleged constitutional violations with sufficient specificity to meet the threshold for a constitutional petition. However, the court held that the petition was premature because the petitioner had not exhausted the dispute resolution mechanisms available...

Source-derived case information.

Citation
[2020] KEELRC 119 (KLR)
Parties
Applicant: Abdiaziz Hussein Abdi; Respondent: The Governor, Mandera County; Respondent: Mandera County Government; Respondent: Mandera County Assembly; Respondent: Mandera County Assembly Service Board; Respondent: Ethics and Anti-Corruption Commission; Respondent: The Senate of the Republic of Kenya; Respondent: The Hon. Attorney General
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Petition E043 of 2020
Procedural Posture
Constitutional Petition / Judgment
Outcome
petition dismissed
Judges
DO Ogal
Legal Topics
County Executive Appointments, Public Finance Management, Separation of Powers, Exhaustion of Alternative Remedies
Source Language
english
Employment and Labour Constitutional Law County Executive Appointments Public Finance Management Separation of Powers Exhaustion of Alternative Remedies

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Summary, issues, holding and outcome

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Parties

Abdiaziz Hussein Abdi

Applicant

The Governor, Mandera County

Respondent

Mandera County Government

Respondent

Mandera County Assembly

Respondent

Mandera County Assembly Service Board

Respondent

Ethics and Anti-Corruption Commission

Respondent

The Senate of the Republic of Kenya

Respondent

The Hon. Attorney General

Respondent

Procedural Posture

Constitutional Petition / Judgment

  1. 1 Whether the petition met the threshold for constitutional petitions as set out in Anarita Karimi Njeru v Republic.
  2. 2 Whether the 4th Respondent and Interested Parties were properly joined to the proceedings.
  3. 3 Whether appointing individuals to substantively fill the positions of county executive committee members and chief officer contravened the Constitution and was contrary to public interest.

Ratio Decidendi

The court found that the petitioner had articulated the alleged constitutional violations with sufficient specificity to meet the threshold for a constitutional petition. However, the court held that the petition was premature because the petitioner had not exhausted the dispute resolution mechanisms available before the County Assembly, as required by law and the doctrine of exhaustion. The court further held that the respondents had complied with a prior court order in Petition 21 of 2020 by paying the former CEC members their dues, and that the orders sought in the present petition would amount to a review or appeal of that earlier decision, thus offending the doctrine of res judicata....

Court Disposition

petition dismissed

Orders

  • The petition is dismissed as premature and unmerited.
  • No order as to costs, the matter having raised a public interest issue.