Kakamega county assembly to appeal ruling on axed board members

Kakamega county assembly has filed a notice of appeal challenging the validity of a petition filed by four impeached board officials.

The assembly, through Okong'o Wandago and Company Advocates is challenging Justice Jemimah Keli's ruling on an interlocutory application that validated the petition.

It is through the petition previously filed before Justice Stephen Radido that the four board members obtained an order stoping their replacement.

In her ruling, Justice Keli said there was substantial noncompliance by the assembly in impeaching the four on December 14.

The assembly however says the judge did not give specific standing orders the impeachment did not comply with.

It further argues that the judge failed to hold that that the petition dated December 19 last year, as served, being unsigned, was a nonstarter.

“Unsigned pleading is a nullity, as the requirement to have a pleading signed is not only a mandatory requirement but a substantive issue going to the very root of the pleadings and not a procedural technicality,” reads the notice dated March 8.

According to the assembly, the Employment and Labour Relations Court does not have jurisdiction to hear and determine the dispute in the first instance.

The assembly said the law provides for an appeal process that had to be exhausted and by failing to hold that, the proceedings offended Article 159(2) (c) of the Constitution.

"There exists an alternative dispute resolution forum and alternative remedies, including an appeal to the Public Service Commission, which ought to have been pursued first before the review jurisdiction of an administrative decision by the court can be invoked," it said.

Section 9 (2) of the Fair Administrative Action Act provides that the High Court or a subordinate court shall not review an administrative action or decision under the Act unless all the mechanisms are exhausted.

“There being no employer and employee relationship between the petitioners and the county government, the jurisdiction of the Employment and Labour Relations Court pursuant to the 9 provisions of section 12 of the Employment and Labour Relations Court Act did not obtain in the circumstances of the case and the Court ought to have downed its tools,” the notice reads.

The four board members are chairperson Catherine Omweno and members Joel Omukoko, Raph Wangatia and Stanley Were

They have sued the county assembly, Governor Fernandes Barasa, Kakamega government and county secretary Lawrence Omuhaka.

Dennis Muhanda, who filed a petition that removed them, has also been sued.

They were impeached on December  14, 2023. Justice Keli set the case for ruling on April 15.