Laikipia Governor to face the law in a labour suit against him
18 September 2016, 11:24
Nairobi - Laikipia Governor Joshua Irungu will now face the law in a suit against him this is after Employment and Labor relations court in Nakuru has ruled that, was lawfully sued and cannot be removed from the suit as requested by his lawyer.
This is in relation to a case in which John Mwaniki, a county Secretary and head of Public service in Laikipia moved to Nakuru court on august 12, 2016 to sue the county Government of Laikipia and the governor after he was terminated via a letter dated august 5, 2016 without giving him reasons or a fair hearing.
Justice Stephen Radido in his ruling on the preliminary objections given by Irungu's advocate Caesar Wanjau said that the reasons given as to why he is not suppose to be sued does not meet legal threshold.
Justice Radido said that the defense did not give enough reasons why the governor must be removed from the suit and the defense did not support the objections with an affidavit as required by the law.
The court further pointed out that the prosecution of evidence of malice during the dismissal process was not proven to the court.
Irungu's advocate Caesar Wanjau while objecting to the suit told the court that the Governor was irregularly enjoined in the suit to tarnish his name.
"The applicant was dismissed through and lawful process with no breach of law and constitutional rights and thus i am praying to the court to removed Irungu from the suit," said wanjau.
However Bush Wanjala, Mwaniki's advocate moved the court, file the case under certificate of urgency on august 12, 2016 seeking to reinstate the claimant and suspend termination letter.
“The action taken by the governor to terminate the employment of the claimant is unfair, unjustified, irregular, un-procedural and actuated by malice, the action by governor has a detrimental effect on the claimant reputation, advancement, employment, job security and employment,” said wanjala.
Mwaniki was appointed by the Governor on July 1, 2015 after applying and going through the competitive process of recruitment.
Wanjala said that his constitutional rights and freedoms were infringed by the governor and thus he personally reliable.
Justice Radido ruled that the case will proceed for hearing on October 12, 2016.
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