[2020] KEELRC 1274 (KLR)

[2020] KEELRC 1274 (KLR)

The court found that the applicant, as secretary to the County Public Service Board, is protected by Section 58 of the County Governments Act, which prescribes a strict procedure for removal from office. The respondents' action of sending the applicant on compulsory administrative leave and appointing a replacement...

Source-derived case information.

Citation
[2020] KEELRC 1274 (KLR)
Parties
Applicant: John Saul Naviava; Respondent: Amb. Franklin Esipila; Respondent: Vihiga County Public Service Board; Respondent: The County Government of Vihiga; Respondent: Hon. Vincent Mmaitsi
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Kisumu
Jurisdiction
Kenya
Case Number
Petition 7 of 2020
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Application for Conservatory Orders
Outcome
Application granted. Conservatory orders issued in terms of prayers 3, 4, and 5 of the Notice of Motion.
Judges
MN Nduma
Legal Topics
County Public Service Board, Removal From Office, Conservatory Orders, Constitutional Procedure
Source Language
en
Employment and Labour Administrative Law County Public Service Board Removal From Office Conservatory Orders Constitutional Procedure

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Summary, issues, holding and outcome

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Parties

John Saul Naviava

Applicant

Amb. Franklin Esipila

Respondent

Vihiga County Public Service Board

Respondent

The County Government of Vihiga

Respondent

Hon. Vincent Mmaitsi

Respondent

Procedural Posture

Constitutional Petition / Ruling on Interlocutory Application for Conservatory Orders

Legal Issues

  1. 1 Whether the applicant's removal from office complied with Section 58 of the County Governments Act.
  2. 2 Whether the applicant is entitled to conservatory orders restraining the respondents from implementing the impugned administrative leave and appointment of a replacement.
  3. 3 Whether the process for removal of the secretary to the County Public Service Board must strictly adhere to constitutional and statutory requirements.

Ratio Decidendi

The court found that the applicant, as secretary to the County Public Service Board, is protected by Section 58 of the County Governments Act, which prescribes a strict procedure for removal from office. The respondents' action of sending the applicant on compulsory administrative leave and appointing a replacement without following the statutory and constitutional process amounted to a constructive removal. The court held that the applicant had demonstrated an arguable case with inherent merit and that the public interest required strict adherence to the law governing removal of board members. Consequently, the court granted conservatory orders restraining the respondents from...

Court Disposition

Application granted. Conservatory orders issued in terms of prayers 3, 4, and 5 of the Notice of Motion.

Orders

  • Respondents restrained from implementing the compulsory administrative leave and appointment of a replacement for the applicant as secretary to the Vihiga County Public Service Board.
  • Respondents restrained from interfering with the applicant's office pending hearing and determination of the petition.