[2023] KEELRC 57 (KLR)
The court found that the facts of this petition were identical to those in Petition No.16 of 2020, and therefore, the decision and orders in that matter applied equally to the present case. The court determined that the petition lacked merit as the resolution by the County Assembly did not amount to a summary...
Source-derived case information.
- Citation
- [2023] KEELRC 57 (KLR)
- Parties
- Applicant: John Mukami Ngangu; 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 15 of 2020
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed
- Judges
- ON Makau
- Legal Topics
- Summary Dismissal, Procedural Fairness, Removal From Office
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mukami Ngangu
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 or removal of the 1st petitioner from office without due process.
- 2 Whether the petitioner's fundamental rights and freedoms were violated by the said resolution.
Ratio Decidendi
The court found that the facts of this petition were identical to those in Petition No.16 of 2020, and therefore, the decision and orders in that matter applied equally to the present case. The court determined that the petition lacked merit as the resolution by the County Assembly did not amount to a summary dismissal or removal from office without due process, nor did it violate the petitioner's fundamental rights and freedoms. Consequently, the petition was dismissed.
Court Disposition
petition dismissed
Orders
- The petition is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
Ngangu & another v County Assembly of Kirinyaga & another (Employment and Labour Relations Petition 15 of 2020) [2023] KEELRC 57 (KLR) (20 January 2023) (Judgment)
Neutral citation: [2023] KEELRC 57 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nyeri
Employment and Labour Relations Petition 15 of 2020
ON Makau, J
January 20, 2023
Between
John Mukami Ngangu
1st Petitioner
County Government Of Kirinyaga
2nd Petitioner
and
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 2, 2020 adopting recommendations of sectoral committee on Transport, Roads & Public Works that they had no confidence with 1st petitioner herein had the effect of summarily dismissing or removing him from office of County Chief Officer 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 20TH DAY 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 April 15, 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 Ruleswhich requires that all judgments and rulings shall be dated, signed and delivered in the open court.