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CLERK, COUNTY ASSEMBLY OF VIHIGA & ANOR.
V.
ABIGAEL NYANDOYA & 4 ORS.

(2015) JELR 97938 (CA)

Court of Appeal 3 Jun 2015 Kenya
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Case Details

Suit Number:Civil Appeal 8 of 2015
Judges:David Kenani Maraga Daniel Kiio Musinga Stephen Gatembu Kairu
Location:Kisumu
Other Citations:Clerk, County Assembly of Vihiga & another v. Abigael Nyandoya & 4 others [2015] eKLR

JUDGMENT OF THE COURT

1. This appeal brings to the fore one of the teething problems the County Governments are experiencing as they settle down into the devolved system of government. Although listed as appellants the tag of war in this appeal is between the Clerk to the County Assembly of Vihiga (the 1st appellant) and the Vihiga County Assembly Service Board (the Service Board). The latter claimed it regularly employed the respondents while the former contends otherwise.

2. In their statement of claim dated 3rd November 2014, the respondents claimed that in response to an advertisement in the local media, they applied for employment and were competitively recruited by the Service Board which issued them with letters of appointment dated 28th March,2014. Despite that, the respondents claim that the appellants have barred them from accessing their places of work and have, to date, refused to pay them their salaries. They therefore claim a declaration that they are bonafide employees of…

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