Geoffrey Agwera Ndubi v John Obiero Nyagarama & 6 others;Bladys Bogonko Momanyi & 4 others (Interested Parties) [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Kisumu
Category
Civil
Judge(s)
Hon. Justice Mathews N. Nduma
Judgment Date
October 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the key details of Geoffrey Agwera Ndubi v John Obiero Nyagarama & 6 others; Bladys Bogonko Momanyi & 4 others [2020] eKLR. This case summary provides insights into the judgment's implications and legal significance.

Case Brief: Geoffrey Agwera Ndubi v John Obiero Nyagarama & 6 others;Bladys Bogonko Momanyi & 4 others (Interested Parties) [2020] eKLR

1. Case Information:
- Name of the Case: Geoffrey Agwera Ndubi v. Hon. John Obeiro Nyagarama & Others
- Case Number: Petition No. 12 of 2020
- Court: Employment and Labour Relations Court at Kisumu
- Date Delivered: October 15, 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Mathews N. Nduma
- Country: Kenya

2. Questions Presented:
The court was tasked with resolving whether the abridgement of the term of County Executive Committee (CEC) members to a two-year contractual term was lawful under the Constitution and the County Governments Act, and whether the petitioner was entitled to the reliefs sought.

3. Facts of the Case:
The petitioner, Geoffrey Agwera Ndubi, a resident and voter in Nyamira County, filed a petition alleging that the 1st and 2nd respondents violated the Constitution and the County Governments Act by appointing CEC members on two-year contracts instead of the expected five-year terms. The interested parties, who were former CEC members, were appointed under the impression that they would serve full five-year terms, similar to their previous appointments. The petitioner claimed that the abrupt change to two-year contracts was illegal and unconstitutional, as it lacked proper notice and did not follow due process.

4. Procedural History:
The petitioner filed the petition along with a Notice of Motion Application seeking interim conservatory orders, which were granted pending the determination of the petition. The respondents opposed the petition, arguing that the appointments were lawful and that the interested parties had accepted the terms of their contracts. The court delineated issues for determination and ultimately held hearings to assess the legality of the appointments and the claims made by the petitioner.

5. Analysis:
- Rules: The court considered Articles 2, 10, 179, and 258 of the Constitution of Kenya, alongside the County Governments Act, which outlines the appointment and terms of service for CEC members.
- Case Law: The court referenced previous rulings, including *Daniel N. Mugendi v. Kenyatta University* and *Kisumu County Service Board v. Samuel Okuro*, establishing that the tenure of CEC members is tied to the term of the County Governor and should generally be for five years unless removed according to lawful procedures.
- Application: The court found that the respondents' actions in issuing two-year contracts circumvented the legal framework governing CEC appointments. It ruled that the interested parties were entitled to serve full five-year terms unless removed according to the law, thus validating the petitioner's claims.

6. Conclusion:
The court ruled in favor of the petitioner, declaring the two-year contracts unconstitutional and ordering that the interested parties serve their full five-year terms. The ruling emphasized the importance of adhering to constitutional provisions in public service appointments, which has broader implications for governance in County Governments across Kenya.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The Employment and Labour Relations Court ruled that the appointment of CEC members on two-year contracts was unconstitutional, confirming that they should serve full five-year terms unless lawfully removed. This case underscores the necessity for compliance with constitutional mandates in public appointments, reinforcing the legal protections afforded to public officers in Kenya.

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