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ELRCAllowedMotion dated 9th June 2023 in Petition dated 16th May 2023· [2023] KEELRC 2346 (KLR)

Miinyan v Turkana County Assembly & another; Edukon & others (Proposed Interested Party); Turkana County Assembly Service Board (Interested Party) (Petition E006 of 2023) [2023] KEELRC 2346 (KLR)

Employment and Labour Relations Court
28 September 2023
MOM. Onyango
3,208 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court ruled that 47 Turkana MCAs could join a petition and undid a deal their Speaker made without their consent.

What this practically means

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Executive summary

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This ruling by M. Onyango J, delivered at Kitale on 28th September 2023, determines a motion dated 9th June 2023 by 47 members of the Turkana County Assembly, led by Majority Leader Stephen Edukon, seeking (i) to be enjoined as interested parties in a petition by the Clerk of the Assembly challenging his removal from office by resolution of 11th May 2023, and (ii) to set aside consent orders recorded on 29th May 2023 allowing the Petitioner's conservatory prayers, which effectively reinstated him. The application was opposed by the Petitioner, the Respondents and the 1st Interested Party, who argued that the Assembly was adequately represented by the Speaker as titular head, that the applicants did not meet the Muruatetu joinder threshold, and that the list of signatories was forged. The court applied the Supreme Court's tests in Francis Karioki Muruatetu and Trusted Society of Human Rights Alliance and the definition in Judicial Service Commission v Speaker of the National Assembly. It found the members had demonstrated a direct, personal and proximate stake: the Speaker had recorded a consent without their authority undoing their unanimous impeachment resolution, and the County Assembly Service Board was conflicted. The forged-signature objection did not vitiate an application supported by the Majority Leader. The court granted leave to join the applicants as interested parties, set aside the consent orders of 29th May 2023, holding that an assembly resolution cannot be undone by the Speaker absent a further resolution or a merits determination, and ordered costs in the cause.

Key legal issues

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01

Joinder of interested parties

Holding

The 47 members of the Turkana County Assembly met the Muruatetu threshold for joinder, having demonstrated an identifiable personal interest and prejudice if not joined, since the Speaker and the Board were conflicted.

Reasoning

The court applied the Supreme Court's test in Muruatetu and restated in Trusted Society of Human Rights Alliance. The applicants showed that the Speaker, their titular head, had recorded a consent without their authority undoing their impeachment resolution, and that the County Assembly Service Board was presided over by the Clerk and Speaker whose interests conflicted with the members' individual interests regarding alleged embezzlement.

p. 7
02

Setting aside the consent orders of 29th May 2023

Holding

The consent orders were set aside because their effect was to undo a unanimous resolution of the County Assembly, which could only be reversed by a further resolution or on the merits in the petition.

Reasoning

The consent reinstated the Petitioner and effectively nullified the assembly's removal resolution without the members' participation or authority. The court held the Speaker had no power to undo the resolution unilaterally, and the merits were for determination in the petition. Counsel for the 1st Respondent had recorded the consent when properly on record, but the court nonetheless found it unsustainable in its effect on the assembly's resolution.

p. 7

Legal principles established

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  • An intending interested party must demonstrate a personal, identifiable and proximate stake in the matter, prejudice if not joined, and the relevance of the submissions they intend to make.
  • A resolution of a county assembly cannot be set aside by the Speaker without a further resolution of the assembly or a determination on the merits of the challenge.

Court orders

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  1. 1.Leave granted to the applicants to be joined as interested parties in the petition
  2. 2.The consent orders of 29th May 2023 set aside
  3. 3.Costs of the application in the cause
Jurisdiction invoked
Articles 19, 20, 21, 22 and 46 of the Constitution of Kenya 2010, sections 1A and 3A of the Civil Procedure Act, Order 1 Rule 10(2) and Order 51 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Miinyan v Turkana County Assembly & another; Edukon & others (Proposed Interested Party); Turkana County Assembly Service Board (Interested Party) (Petition E006 of 2023) [2023] KEELRC 2346 (KLR)", Case Analysis (2023). Motion dated 9th June 2023 in Petition dated 16th May 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2346/eng@2023-09-28

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.