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JudgmentLEONARD OKARI MOGARU AND EDITH NYABOKE OMARI VS DUKE SIMEON ONYARI AND County Assembly Service Board AND 3 Others2 min read

LEONARD OKARI MOGARU AND EDITH NYABOKE OMARI VS DUKE SIMEON ONYARI AND County Assembly Service Board AND 3 Others

High Court at Nyamira High Court · · Odera Teresa Achieng

1, I have considered the petition dated 27.11.24 and the accompanying notice of motion dated on  even date . The petition seeks that : 

a. A declaration that respondents are purporting to summon and  Ipso facto constructively purport to revoke the appointment of the petitioners as members in  the absence of any petition in the manner pleaded herein acted in contravention of Articles 1(1) ,3, 10, 22, 23, 27, 28 $1 (1), 47, 48, 50, , 124, 159 , 165, 178, and 258 of the Constitution of Kenya.  Sections 3, 4,6,7 and 11 of the Fair Administrative Action, Section 10 (2) of the County Government Act and in contravention of fundamental rules of natural justice and fairness . 

b. A declaration that the 3rd respondents acts purporting to summon with intention to revoke the petitioners appointment in the manner pleaded herein violated the Petitioner's rights to due process fair  hearing and fair administrative action . 

c. A declaration that the letter dated 26.11.24 by the 3rd respondent herein is illegal , unlawful null and void and thus of no consequence and the  same be and is hereby quashed as the 3rd respondent had no capacity to issue it .

d. Orders of permanent Injunction restraining the respondents from  attempting to revoke the appointment of the petitioner from the office of the County Assembly Board members in a manner and procedure articulated under Section 10 of the County Service Board.

2. Article 165 (3) of the Constitution of Kenya  provides for Jurisdiction of the High Court. 

3. Article 162 (2) creates a special court to deal with employment and labour relations matters 

4.  Article 165 (5) (b) bars the High Court form usurping the Jurisdiction of the Special courts created under Article 162 (2) of the Constitution. 

5. This Petition is between the petitioners and  the Nyamira County Service Board and others and the issues are purely those of employment . 

6. It is clear that the High court lacks Jurisdiction to deal with this petition .

7. The Petition is struck out at this preliminary stage for want of jurisdiction. 



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