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JUDGMENT OF THE COURT
By the judgment dated 15th January 2016, which is impugned in this appeal, the Employment and Labour Relations Court (Nduma, J.) held that the County Government of Nairobi (the 1st respondent) and the Governor of Nairobi County (the 2nd respondent), had unlawfully dismissed John Gakuo, (the 1st appellant), and Dr. Timothy Moki Kingondu, (the 2nd appellant), as members of the County Executive Committee. He awarded them the maximum compensation of 12 months gross salary allowed by section 49 (1) 9(c) of the Employment Act; gratuity at 31% of their basic salary for their one year and three and half month’s of service; and one months salary in lieu of notice. In all, the appellants were each awarded Kshs 904, 448.00. That amount was calculated on the basis of a basic monthly salary of Kshs 64,213.70 for each of them.
The appellants were unhappy with the award, which they have challenged in this Court on two main grounds. Firstly they contend that they were state office…