County Assembly Service Board Nyamira County & 3 others v Bundi & 11 others [2024] KEELRC 2659 (KLR)

County Assembly Service Board Nyamira County & 3 others v Bundi & 11 others (Appeal E006 of 2024) [2024] KEELRC 2659 (KLR) (15 October 2024) (Ruling)

Neutral citation: [2024] KEELRC 2659 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Kisumu

Appeal E006 of 2024

Nzioki wa Makau, J

October 15, 2024

Between

County Assembly Service Board Nyamira County

1st Appellant

Speaker, County Assembly Of Nyamira

2nd Appellant

The Clerk, County Assembly Of Nyamira

3rd Appellant

County Assembly Of Nyamira

4th Appellant

and

Grace Masese Bundi

1st Respondent

Vincent Nyambane Nyakieni

2nd Respondent

Winnie Makori

3rd Respondent

Gladys Motanya

4th Respondent

Job Rodgers Nyaribo

5th Respondent

Edson Mogeni Mayaka

6th Respondent

Gatwere Alloys

7th Respondent

Joash Oruko Nyachiro

8th Respondent

Lameck Osoro Kometa

9th Respondent

Jones Onduko

10th Respondent

David Matwa Nyabari

11th Respondent

Mongare Ondieki Obwocha Elvis

12th Respondent

Ruling

1. I have perused the affidavit, the annexed decision of Baari J. issued in Appeal No. E021 of 2023. I have equally caused to be availed, Appeal No. E021 of 2023. I confirmed the cause subject of this appeal is same as that in Appeal E021 of 2023. The decision of Baari J. was to strike out the proceedings entirely and as such this Appeal must accord with that in Employment and Labour Relations Court Civil Appeal E021 of 2023. The Appeal herein succeeds to the extent that the proceedings that precipitated the appeal were struck out therefore resulting in no footing for an appeal from the Chief Magistrate’s Court. The parties will bear their own costs.

2. It is so ordered.

DATED AND DELIVERED AT KISUMU THIS 15TH DAY OF OCTOBER 2024NZIOKI WA MAKAUJUDGE