COUNTY GOVERNMENT OF NYERI & ANOTHER V. CECILIA WANGECHI NDUNGU

JUDGMENT OF THE COURT

Introduction:

This appeal raises a fundamental issue under the 2010 Constitution and the County Governments Act: whether a member of the County Executive Committee is appointed at the pleasure of a Governor and can be dismissed at the Governor’s pleasure, without due process.

Background:

Article 179 (2) of the Constitution stipulates:-

“The County Executive Committee consists of the County Governor and the Deputy County Governor; and members appointed by the County Governor, with the approval of the assembly, from among persons who are not members of the assembly.”

Pursuant to the above Article, the respondent was appointed vide a letter dated 27^th September, 2013 as the County Executive Secretary in charge of Culture, Gender and Social Development by the 2^nd appellant. Subsequently, on 24^th June, 2014 the respondent was relieved from her duties by the 2^nd appellant. Aggrieved with her termination, the respondent filed a Petition in the Industrial Court seeking:-

A decl…