Mike Sonko Mbuvi Gidion Kioko v Clerk, Nairobi City County Assembly & 4 others [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Hon. Justice Byram Ongaya
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Mike Sonko Mbuvi Gidion Kioko v Clerk, Nairobi City County Assembly & 4 others [2020] eKLR

1. Case Information:
- Name of the Case: Hon. Mike Sonko Mbuvi Gidion Kioko v. The Clerk, Nairobi City County Assembly & Others
- Case Number: Petition No. 35 of 2020
- Court: Employment and Labour Relations Court of Kenya
- Date Delivered: 23rd October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Byram Ongaya
- Country: Kenya

2. Questions Presented:
The central legal issues for resolution in this case include:
- Whether the Employment and Labour Relations Court has jurisdiction to hear and determine the impeachment proceedings against the petitioner, Hon. Mike Sonko, as Governor of Nairobi City County.
- Whether there exists an employer-employee relationship between the petitioner and the respondents that would invoke the court's jurisdiction under the Employment and Labour Relations Court Act.

3. Facts of the Case:
The petitioner, Hon. Mike Sonko, is the Governor of Nairobi City County and is challenging impeachment proceedings initiated against him by the Nairobi City County Assembly. He alleges that these proceedings are unconstitutional and unlawful. The respondents include the Clerk and Speaker of the Nairobi City County Assembly, the Nairobi City County Assembly itself, and the Speaker of the Senate of Kenya. The impeachment process purportedly violates various articles of the Constitution of Kenya and relevant statutes.

4. Procedural History:
The petitioner filed a petition and an urgent application on 28th February 2020. Following preliminary submissions, the court issued interim orders to halt the impeachment proceedings pending the hearing of the petition. The 2nd respondent raised a preliminary objection regarding the jurisdiction of the court, asserting that the petitioner had not established an employer-employee relationship necessary for the court's jurisdiction under the Employment and Labour Relations Court Act. The court directed that the preliminary objection be heard first, leading to the current ruling.

5. Analysis:
- Rules:
The court considered various provisions, including Article 162(2) of the Constitution, which delineates the jurisdiction of the Employment and Labour Relations Court, and Section 12 of the Employment and Labour Relations Court Act, which defines the relationship between employer and employee necessary for the court's jurisdiction.

- Case Law:
The court referenced several cases to support its analysis, including:
- *Re The Matter of Interim Independent Electoral and Boundaries Commission [2011] eKLR* which discusses the limits of court jurisdiction.
- *Samuel Kamau Macharia v. Kenya Commercial Bank Limited & 2 Others [2012] eKLR* emphasizing that a court's jurisdiction is constitutionally defined.
- *Richard Bwogo Birir v. Narok County Government & 2 Others [2014] eKLR*, which discusses the employment status of public officers.
- *Shadrack WangĂłmbe Mubea v. County Government of Nyeri & Another [2015] eKLR*, affirming that public officers are entitled to labor rights.

- Application:
The court concluded that the petitioner, as a state officer and Governor, is indeed an employee under the Employment Act, 2007, as he receives a salary and is governed by constitutional and statutory provisions. The court found that the impeachment process constitutes a disciplinary action, thus falling within the jurisdiction of the Employment and Labour Relations Court. The court dismissed the preliminary objection, affirming its jurisdiction to hear the case.

6. Conclusion:
The court ruled that it has jurisdiction to hear the petition and dismissed the preliminary objection raised by the 2nd respondent. The court emphasized the importance of judicial oversight in impeachment processes to ensure compliance with constitutional and statutory provisions.

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

8. Summary:
The Employment and Labour Relations Court ruled in favor of the petitioner, Hon. Mike Sonko, affirming its jurisdiction to hear the impeachment case against him. This ruling underscores the court's role in overseeing compliance with constitutional procedures in the impeachment of public officers, reinforcing the legal protections afforded to state officers under Kenyan law. The decision highlights the balance of power among government branches and the judiciary's role in safeguarding constitutional rights.

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