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Philip Adundo v. Chair, Kisumu County Assembly Service Board, Kisumu County Assembly Service Board, County Secretary –Kisumu County, Benn Oloo Opiyo, County Executive Committee Member, Finance, Planning County Government of Kisumu & Chief Finance, County Government County Government of Kisumu

(2020) JELR 93368 (CA)

Court of Appeal  •  Civil Application 21 of 2020  •  4 Dec 2020  •  Kenya

Coram
Daniel Kiio Musinga, Milton Stephen Asike Makhandia, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

This Notice of Motion dated 12th February 2020 made under rules 5 (2) (b) of the Court of Appeal Rules, the applicant, Philip Adundo seeks orders of stay of execution of the judgment of the Employment and Labour Relations Court dated 7th March 2019 and injunction to stop the recruitment of a clerk to the Kisumu County Assembly pending the hearing and determination of the application and appeal and that costs be provided for.

The application was premised on the grounds that following the dismissal of the applicant’s claim by the trial court, the respondents were allowed to recruit a clerk to the position held by the applicant; that in reaching its determination, the court failed to appreciate that at the time the decision was made there was no quorum of the 2nd respondent to enable it carry out its functions, and there was no complaint raised against him to warrant the issuance of a suspension letter; that for this reason, the appeal is arguable, and that in the event…

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