Case ID:203758

Ouma & another v Migori County Assembly Service Board & 6 others (Petition E032 of 2022) [2022] KEELRC 12751 (KLR) (6 October 2022) (Ruling)

Case Metadata

Case Number:

Petition E032 of 2022

Parties:

Ouma & another v Migori County Assembly Service Board & 6 others

Date Delivered:

06 Oct 2022

Case Class:

Court:

Employment and Labour Relations Court at Kisumu

Case Action:

Ruling

Judge(s):

Christine Noontatua Baari

Citation:

Ouma & another v Migori County Assembly Service Board & 6 others (Petition E032 of 2022) [2022] KEELRC 12751 (KLR) (6 October 2022) (Ruling)

Advocates:

Mr. O. Obiero present for the Respondents

Court Division:

Employment and Labour

County:

Kisumu

Advocates:

Mr. O. Obiero present for the Respondents

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Ouma & another v Migori County Assembly Service Board & 6 others (Petition E032 of 2022) [2022] KEELRC 12751 (KLR) (6 October 2022) (Ruling)

Neutral citation:

[2022] KEELRC 12751 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Kisumu

Petition E032 of 2022

CN Baari, J

October 6, 2022

Between

Evans Ogutu Ouma

1

st

Applicant

Orwa Odongo Michael

2

nd

Applicant

and

Migori County Assembly Service Board

1

st

Respondent

Migori County Assembly

2

nd

Respondent

Duro George Okinyi

3

rd

Respondent

Ouma Edward Ooro

4

th

Respondent

Rioba Nicholas Ngabiya

5

th

Respondent

Grace Akinyi Odhiambo

6

th

Respondent

Onanda Christopher Odira

7

th

Respondent

Ruling

1.

The petitioners/applicants by a motion dated July 4, 2022, brought pursuant to rule 17 of the

Employment and Labour Relations Court (Procedure) Rules, 2016,

order 40 rules 1, 2, 3 & 4 of the

Civil Procedure Rules

and article 41 of the

Constitution

. The applicants seek orders that:

i.

spent

ii.

spent

iii.

This honourable court be pleased to grant a temporary order of injunction restraining the respondents by themselves, servant, agents or otherwise howsoever from interfering with the applicants/petitioners discharge of their duties as principal finance officer and acting clerk respectively of the 2

nd

respondent pending hearing and determination of this petition.

iv.

spent

v.

The honourable court be pleased to issue a temporary order of injunction restraining the 3

rd

, 4

th

, 5

th

, 6

th

& 7

th

respondents from carrying themselves as members of the 1

st

respondent and/or executing any mandate on behalf of the 1

st

respondent pending hearing and determination of the petition.

vi.

costs of the application.

2.

The motion is supported by grounds on the face thereof, and the affidavit of Evans Ogutu Ouma, the 1

st

petitioner herein. The applicants contend that they are the lawful holders of the offices of principal finance office and acting clerk of the county assembly of the 2

nd

respondent.

3.

They further aver that the 3

rd

, 4

th

, 5

th

, 6

th

& 7

th

respondents have gazetted themselves as members of the 1

st

respondent having illegally restrained and denied the applicants from exercising their duties and mandate as principal finance officer and acting clerk of the assembly.

4.

It is the applicants further contention that the respondents have visited chaos on the conduct of the affairs of the 1

st

and 2

nd

respondent thereby exposing the citizens of Migori county to risks of disservice and financial losses.

5.

The respondents opposed the application through a replying affidavit sworn on July 8, 2022 by one Vincensia Awino Kionge.

6.

Both parties filed submissions in the matter and which have been duly considered.

Determination

7.

I have considered the application, the grounds and affidavit in support, the respondents replying affidavit and written submissions by parties.

8.

The orders sought in this application have in my view been overtaken by events following the issuance of letters of dismissal to the petitioners/applicants herein, and the change of membership of the 1

st

respondent pursuant to the just concluded general election.

9.

In this regard, the orders and/or decision of the court rendered in the application of July 7, 2022, in this matter shall suffice.

10.

Consequently, the instant application is dismissed for having been overtaken by events.

11.

Costs shall abide the petition.

12.

It is so ordered.

SIGNED, DATED AND DELIVERED BY VIDEO-LINK AND IN COURT AT KISUMU THIS 6

TH

DAY OF OCTOBER, 2022.

CHRISTINE N. BAARI

JUDGE

Appearance:

Mr. Evans Ogutu 1

st

Applicant present in person

Mr. O. Obiero present for the Respondents

Ms. Christine Omollo-C/A