[2023] KEELRC 51 (KLR)
The court found that the facts and legal issues in this petition were identical to those in Petition No. 16 of 2020, which had already been determined. In that earlier decision, the court held that the County Assembly's resolution did not amount to a summary dismissal or removal from office without due process, and...
Source-derived case information.
- Citation
- [2023] KEELRC 51 (KLR)
- Parties
- Applicant: Joe Ngatia Muriuki; Applicant: County Government of Kirinyaga; Respondent: County Assembly of Kirinyaga; Respondent: Speaker of the County Assembly of Kirinyaga
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Petition 17 of 2020
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed
- Judges
- ON Makau
- Legal Topics
- Unfair Dismissal, Procedural Fairness, Right to Fair Administrative Action, County Government Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joe Ngatia Muriuki
Applicant
County Government of Kirinyaga
Applicant
County Assembly of Kirinyaga
Respondent
Speaker of the County Assembly of Kirinyaga
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the County Assembly's resolution amounted to a summary dismissal of the 1st Petitioner from the office of County Secretary without due process.
- 2 Whether the Petitioners' fundamental rights and freedoms were violated by the said resolution.
Ratio Decidendi
The court found that the facts and legal issues in this petition were identical to those in Petition No. 16 of 2020, which had already been determined. In that earlier decision, the court held that the County Assembly's resolution did not amount to a summary dismissal or removal from office without due process, and that the Petitioners' rights had not been violated. Applying the same reasoning, the court concluded that the instant petition lacked merit and dismissed it. No evidence was presented to show that the Petitioners were denied fair administrative action or that their constitutional rights were infringed by the County Assembly's actions. The court emphasized the importance of...
Court Disposition
petition dismissed
Orders
- The petition is dismissed for lack of merit.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
Muriuki & another v County Assembly of Kirinyaga & another (Employment and Labour Relations Petition 17 of 2020) [2023] KEELRC 51 (KLR) (20 January 2023) (Judgment)
Neutral citation: [2023] KEELRC 51 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nyeri
Employment and Labour Relations Petition 17 of 2020
ON Makau, J
January 20, 2023
Between
Joe Ngatia Muriuki
1st Petitioner
County Government of Kirinyaga
2nd Petitioner
and
The County Assembly of Kirinyaga
1st Respondent
Speaker of the County Assembly of Kirinyaga
2nd Respondent
Judgment
1. The main issue in dispute in this petition is whether the resolution passed by the County Assembly of Kirinyaga on June 23, 2020 adopting recommendations of sectoral committee on Implementation that they had no confidence with 1st Petitioner herein had the effect of summarily dismissing or removing him from office as the County Secretary without following fair procedure and it has violated his fundamental rights and freedoms.
2. The facts of the case are on all fours with those in Petition No.16 of 2020 filed by Moses Maina Migwi and County Government of Kirinyaga versus the County Assembly of Kirinyaga and Speaker of the County Assembly of Kirinyaga and therefore, the decision and the orders made today in that matter shall apply to the instant petition mutatis mutandis.
3. Accordingly this petition like Petition 16 of 2020 lacks merits and is dismissed with no order as to costs.
Dated, signed and delivered at Nyeri this 20thday of January, 2023. Onesmus N MakauJudgeOrderIn view of the declaration of measures restricting court operations due to the Covid-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on 15th April 2020, this judgment has been delivered to the parties online with their consent, the parties having waived compliance with Rule 28 (3) of the ELRC Procedure Rules which requires that all judgments and rulings shall be dated, signed and delivered in the open court.ONESMUS N. MAKAUJUDGE