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County Government of Migori & Migori Governor-Zachary Okoth Obado v. Erastus Onyango Nyamori

(2015) JELR 98393 (CA)

Court of Appeal  •  Civil Application 80 of 2014  •  23 Apr 2015  •  Kenya

Coram
David Kenani Maraga, William Ouko, Sankale ole Kantai

Judgement

RULING OF THE COURT

The County Government of Migori and the Governor have brought this application pursuant to Rule 5 (2) (b) of the Court of Appeal Rules to stay execution of the order of the Industrial Court (now Employment and Industrial Relations Court) made on 3rd December 2014 in which they were ordered to retain the respondent, Erastus Onyango Nyamori in office as the County Executive Committee member in charge of Public Works, Roads and Transport until he is subjected to due process or until the final determination of the suit, whichever came earlier. The applicants were also ordered to pay to the respondent withheld salary and any other emoluments that was due to him.

The respondent was appointed and gazetted as the Migori County Executive Committee Member responsible for Public Works Roads and Transport Services with effect from 2nd May, 2013. Barely one year later, things appear to have come to a head from the tone of the letter dated 30th July, 2014 in which the respondent a…

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