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County Government of Garissa & Governor of Garissa County v. Idriss Aden Mukhtar, Mukhtar Bulale & Salah Yakub Farah

(2020) JELR 103047 (CA)

Court of Appeal  •  Civil Appeal 294 of 2019  •  10 Jul 2020  •  Kenya

Coram
Wanjiru Karanja, Hannah Magondi Okwengu, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

[1] This appeal originates from a constitutional petition that had been filed by Idriss Aden Mukhtar (1st respondent), Mukhtar Bulale (2nd respondent) and Salah Yakub Farah (3rd respondent), in the Employment and Labour Relations Court (E&LRC).

[2] In the petition the respondents who were Garissa county executive committee members, sued the county government of Garissa (1st appellant) and the Governor of Garissa County (2nd appellant), herein referred to as Governor, alleging that the two had violated their constitutional rights and freedoms as provided under Articles 27, 28, 41, 47 and 48 of the Constitution, by dismissing them from their employment unconstitutionally. Consequently, the respondents sought orders, including an order of judicial review quashing the decision of the Governor made by letters dated 22nd May, 2015 relieving the respondents of their duties as county executive committee members; and prohibiting the respondents from appointing any fresh…

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