Lekakimon v Speaker, County Assembly of Baringo & 3 others (Employment and Labour Relations Petition E010 of 2024) [2024] KEELRC 1948 (KLR)
The bottom line
#A Kenyan court refused to reinstate a removed county board member, saying the removal was already done, and sent the case to full trial.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Court has jurisdiction over a dispute concerning removal of a political nominee to the County Assembly Service Board
- 2.Whether the Applicant has satisfied the threshold for grant of status quo ante orders
- 3.Whether an interim mandatory injunction compelling reinstatement should issue pending determination of the Petition
- 4.Whether the application has been overtaken by events given the 3rd Respondent's replacement of the Applicant
- 5.Who bears the costs
Key legal issues
#Overtaken by events
The court declined to revoke the removal decision because the Applicant had already been removed and replaced by the 3rd Respondent, and reversing this at the interlocutory stage would compromise the petition.
The court reasoned that the decision the Applicant sought to challenge had already been fully effected: he had been removed and the 3rd Respondent had taken over. Granting orders revoking the 1st Respondent's decision at that stage would, in the court's view, compromise the entire petition. The court preferred to leave interim relief unaddressed and let the parties proceed to the main petition.
Nature of the appointment under section 12(3)(c) County Governments Act
A CASB member nominated under section 12(3)(c) is an appointee or nominee of the minority party or the party that deputed him.
The court examined section 12(3)(c) of the County Governments Act, which provides for the leader of the minority party or a Member of County Assembly deputed by him to sit on the Board. The judge construed the provision as making such a member an appointee or nominee of the party that deputed him, acknowledging the political character of the position, though the court did not expressly resolve the jurisdictional objection.
Legal principles established
#- A member of the County Assembly Service Board appointed under section 12(3)(c) of the County Governments Act is an appointee or nominee of the minority party or the party that deputed him
Court orders
#- 1.Declined to grant interim orders (status quo ante and mandatory injunction) at this stage
- 2.Directed that the parties proceed with the main petition
- 3.Costs in the main petition
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Articles 22 and 23 of the Constitution; sections 12(1) and (3) of the Employment and Labour Relations Court Act, 2011
Relief refused
#Order of status quo ante staying the removal of the Applicant as member of Baringo County Assembly Service Board
The decision challenged appears overtaken by events; the Applicant had already been removed and the 3rd Respondent taken over, and revoking the decision at this stage would compromise the entire petition
Interim mandatory injunction compelling the 1st Respondent to reinstate the Applicant
Other prayers can be addressed in the main petition; interim orders declined at this stage
Costs
Costs in the main petition
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
This court cannot therefore grant orders revoking the decision made by the 1st Respondent at this stage as this would compromise the entire petition.
I will decline to grant interim orders at this stage and direct that the parties proceed with the main petition. Costs in the main petition.
My understanding of this provision is that such Member of the County Assembly Service Board (CASB) is an appointee or nominee of the minority party or the party that deputed him.
Issues in the judgment
#The 3rd Respondent's replying affidavit is sworn on 31st May, 2023, which predates the removal decision of 20th March, 2024 it purports to respond to - likely a typographical error for 2024.
Paragraph 62 refers to the 3rd Respondent being sworn in as a member of the 'County Public Service Board' rather than the County Assembly Service Board, an inconsistency with the rest of the judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lekakimon v Speaker, County Assembly of Baringo & 3 others (Employment and Labour Relations Petition E010 of 2024) [2024] KEELRC 1948 (KLR)", Case Analysis (2024). Not stated in the extract (ruling on Notice of Motion dated 7th May, 2024 within a Petition). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1948/eng@2024-07-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.