[2022] KEELRC 13578 (KLR)
The court determined that, although the parties in the current petition and the consolidated petitions are largely the same, the issues in dispute are materially different. To maintain judicial objectivity and avoid any perception of bias, the current petition, which challenges the creation of new county offices,...
Source-derived case information.
- Citation
- [2022] KEELRC 13578 (KLR)
- Parties
- Applicant: Ibrahim Daud Bare; Applicant: Mohammed Abdi Aden; Applicant: Abdirahman Adan Hussein; Respondent: County Government of Mandera; Respondent: County Public Service Board Mandera; Respondent: The Governor, Mandera County; Respondent: The Attorney-General; Respondent: Salaries and Remuneration Commission
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Petition E219 of 2022
- Procedural Posture
- Constitutional Petition / Interlocutory Ruling
- Outcome
- petition and application to be placed before another judge
- Judges
- J Rika
- Legal Topics
- Creation of Public Offices, County Government Employment, Constitutionality of Public Service Appointments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Daud Bare
Applicant
Mohammed Abdi Aden
Applicant
Abdirahman Adan Hussein
Applicant
County Government of Mandera
Respondent
County Public Service Board Mandera
Respondent
The Governor, Mandera County
Respondent
The Attorney-General
Respondent
Salaries and Remuneration Commission
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Ruling
Legal Issues
- 1 Whether the creation of new County Public Service positions by the respondents violates the County Governments Act and the Constitution.
- 2 Whether the petition should be heard together with other consolidated petitions involving similar parties but different issues.
Ratio Decidendi
The court determined that, although the parties in the current petition and the consolidated petitions are largely the same, the issues in dispute are materially different. To maintain judicial objectivity and avoid any perception of bias, the current petition, which challenges the creation of new county offices, should not be heard together with the consolidated petitions, which challenge the constitutionality and legality of employing persons to existing positions. Therefore, the petition and the application should be placed before another judge for determination.
Court Disposition
petition and application to be placed before another judge
Orders
- The petition and application filed by the petitioners herein, shall be placed before another judge.
Full Case Text
Judgment text and source record
35 paragraphs
Bare & 2 others v County Government of Mandera & 4 others (Petition E219 of 2022) [2022] KEELRC 13578 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEELRC 13578 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Petition E219 of 2022
J Rika, J
December 20, 2022
Between
Ibrahim Daud Bare
1st Petitioner
Mohammed Abdi Aden
2nd Petitioner
Abdirahman Adan Hussein
3rd Petitioner
and
County Government of Mandera
1st Respondent
County Public Service Board Mandera
2nd Respondent
The Governor, Mandera County
3rd Respondent
The Attorney-General
4th Respondent
Salaries and Remuneration Commission
5th Respondent
Ruling
1. The application dated December 15, 2022, filed by the petitioners, seeks in main to restrain the respondents from employing officers in County Public Service positions, on the ground that those positions are not recognized under the County Governments Act, and have been created in violation of the Constitution.
2. This court is seized of 3 other consolidated petitions [under Petition E199 of 2022], where the petitioners herein, among other petitioners from Mandera County, are challenging the intended employment by the respondents, of persons to fill the position of County Officer.
3. The current petition differs from the other petitions in that the petitioners challenge the creation of new offices, while in the consolidated petitions, the petitioners challenge the constitutionality and legality of the respondents’ actions, in employing persons to the existing position of County Officer.
4. The petition herein has been placed before the undersigned judge, on the assumption that he is dealing with similar petitions from Mandera County.
5. Although the petitioners and the respondents are largely the same, or similar, in the current and the consolidated petitions, the issues in dispute are starkly different.
6. The current petition ought therefore, to be placed before another judge, to be dealt with separate from the consolidated petitions in order to sustain objectivity.
7. It is important that not all the disputes involving same parties but different issues, from particular counties, are placed before the same judge.
8. It is ordered: -The petition and application filed by the petitioners herein, shall be placed before another judge.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT NAIROBI, THIS 20TH DAY OF DECEMBER, 2022. JAMES RIKAJUDGE