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Edward Ombwori Gichana v. Clerk, Nairobi City County Assembly, Speaker, Nairobi City County Assembly & Nairobi City County Assembly Service Board

(2020) JELR 102529 (CA)

Court of Appeal  •  Civil Application E305 of 2020  •  18 Dec 2020  •  Kenya

Martha Karambu Koome, Milton Stephen Asike Makhandia, William Ouko



This dispute involves the filling of the position of the office of the Clerk, Nairobi City Government. A petition claiming violations of Constitutional rights and fundamental freedoms against the respondents was filed in the Employment and Labour Relations Court by Muvengei Jacob Ngwele, but named in the petition only as the Clerk, Nairobi City County Assembly. While the hearing of the petition was pending Makau J. issued an interlocutory ruling dated 20th December 2019 in which at paragraph 51 thereof, he stated as follows –

“51. Finally, parties are directed to comply with the consent orders issued on 30.10.2019 which reinstated the petitioner as the Clerk, Nairobi City County Assembly pending the hearing and determination of the petition herein.”

The petitioner alluded to in this passage was the said Muvengei Jacob Ngwele. In the meantime, the applicant in the instant application Edward Ombwori Gichana and the Nairobi City County Assembly applied to be made parties…

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