CHIEF JUSTICE AND PRESIDENT OF SUPREME COURT OF KENYA & JUDICIAL SERVICE COMMISSION
V.
BRYAN MANDILA KHAEMBA

RULING OF THE COURT

[1] By a Petition filed on 17^th June, 2019 before the Employment and Labour Relations Court (ELRC), Bryan Mandila Khaemba (respondent), a judicial officer of the rank of Principal Magistrate sought several reliefs and declarations. Key among them, was an order quashing the decision of the Chief Justice (1^st applicant) contained in the letter dated 13^th June, 2019 and an order reinstating the respondent to his employment including his salary benefits and all other emoluments. The petition was resisted by the applicants vide some grounds of opposition dated 18^th June, 2018 and a replying affidavit sworn by Mrs Ann Atieno Amadi, the Chief Registrar of the Judiciary on the 8^th July, 2019.

[2] The Petition was heard by Ongaya, J. and by a judgment dated 30^th August, 2019 the following orders were issued;

“a)The declaration that the 1^st respondent’s letter dated 13.06.2019 was illegal, null and void ab initio for being in contravention of Article 41, 47(1) and 236 of the Co…