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SAMMY CHERUIYOT KOECH & 4 ORS V. COUNTY PUBLIC SERVICE BOARD & ANOR

(2022) JELR 114047 (CA)

Court of Appeal  •  Civil Appeal 19 of 2018  •  22 Jul 2022  •  Kenya

Coram
HM Okwengu, JA A Mbogholi-Msagha, JA KI Laibuta, JA

Judgement

JUDGMENT

  1. The appellants herein filed suit against the respondents in Kericho ELRC Case No. 51 of 2017 vide a Statement of Claim dated 10th November 2017. The appellants averred that they were employees serving in the Bomet County Government and that they represented 3,500 of their colleagues. Their claim was to the effect that they were wrongfully terminated from employment without being given reasons for the same and without being given a fair hearing; and that their removal violated Constitution, Employment Act and Fair Administrative Action Act.

  2. The appellants also filed a Notice of Motion application seeking orders staying any intended or actual administrative action to lay off the Bomet County Government Staff affected by the circular dated 6th November 2017 until the suit was heard and determined; orders staying any orders of any nature which purported to lay off or terminate employment service of the claimants; preservatory orders for status quo until the matter was heard and det…

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