SPEAKER OF THE COUNTY ASSEMBLY - KISII COUNTY, COUNTY ASSEMBLY SERVICE BOARD - KISII COUNTY & DANIEL MBAKA OMWOYO V. JAMES OMARIBA NYAOGA

JUDGMENT OF THE COURT

The appellants, the Speaker of the County Assembly of Kisii County ("the 1^st appellant"), the County Assembly Service Board of Kisii County (“the 2^nd appellant") and Daniel Mbaka Omwoyo ("the 3rd appellant") were the respondents in Kisii Constitutional Petition No. 88 of 2014, filed by James mariba Nyaoga ("the respondent"). In that petition, the respondent sought various declarations including:- that he was the duly appointed and constituted Clerk of Kisii County Assembly, and that the 1^st and 2^nd appellants had committed unfair labour practices, had mistreated the respondent and were guilty of gross abuse of office; that the 1^st appellant had violated and/or acted in contravention of the provisions of the County Government Act No. 17 of 2012. The respondent further sought a permanent injunction restraining the 1^st and 2^nd appellants from appointing and/or constituting the 3^rd appellant as the interim Clerk and Accounting Officer of Kisii County Assembly. A furth…