Key points on the Conservatory Orders granted by the Employment and Labour Court at Kisumu

24th June 2020

What you need to know on the Conservatory Orders granted by the Employment and Labour Court at Kisumu.

1. The 3 Petitioners( CECMs) should have filed their Application at the Constitutional Division of the High Court of Kenya pursuant to provisions of Article 165 of the Constitution of Kenya,2010.
2. The Employment and Labour Court has limited Jurisdiction to entertain such Petition on matters pertaining to the violation of constitutional rights since it is just but one of the special courts.
3. It is only the High Court of Kenya that has original unlimited and supervisory jurisdiction over quasi-judicial institutions like the county assembly and tribunals.
4. The ELRC should have waited until the County Assembly of Bungoma pronounces itself on the matter of impeachment before intervening.
5. The conservatory orders issued by the ELRC at Kisumu was premature and a misinterpretation of the Constitution of Kenya and the rule of law.
6. The legislative, representation and oversight mandate and roles of the County Assembly are on trial.
7. The aforementioned orders are malicious and contradictory and inconsistent to provisions of articles 175, 176,185 and 195 of the Constitution of Kenya,2010.
8. According to Article 195, the County Assembly sitting or its Committee sitting has powers equivalent to those of the High Court of Kenya.
9. The County Assembly and/or any of this Committee pursuant to Article 195 as read together with sections 33 and 40 of the County Governments Act,2012 has the power to summon anybody including a County GOVERNOR or County Executive Member (s) to appear before it and show cause why he can or she can not be impeached and removed from office.
10. The County Assembly should not be curtailed from exercising its legislative authority and performing its oversight role over the County Executive arm of the County Government of Bungoma.
11. It is my considered opinion that the said conservatory orders are erroneous and be stayed through an application by the County Assembly leadership.

Related; https://ikuweikuwe.com/2020/06/23/3-bungoma-cecs-acquire-conservatory-orders-restraining-the-assembly-from-impeaching-them/

Stay tuned for more information and viewpoint about the premature, erroneous and malicious conservatory orders issued by Justice Mathews Nduma Nderi, Presiding Judge of the ELRC at Kisumu.

Aluta continua.

Barasa Kundu Nyukuri
Constitution & Governance Expert

TORCH AFRICA

Email; nyukuribarasakundu2@gmail.com

torchafrica@gmail.com