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COUNTY GOVERNMENT OF MIGORI
V.
PHILIP ANYALO & 2 ORS

(2018) JELR 97927 (CA)

Court of Appeal 18 Oct 2018 Kenya
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Case Details

Suit Number:Civil Appeal 57 of 2015
Judges:Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed
Location:Kisumu
Other Citations:County Government of Migori v. Philip Anyalo & 2 others [2018] eKLR

JUDGMENT OF THE COURT

[1] This is an appeal from the judgment of the High Court (Majanja, J.) dismissing the appellant’s suit relating to management of Kitere Youth Polytechnic with costs to the respondents.

[2] By a plaint dated 10th March, 2015, the appellant herein averred, amongst other things, that, by a letter dated 24th April, 2009, the 2nd respondent herein applied to the Ministry of Youth Affairs and Sports (Ministry) of the National Government to register Kitere Youth Polytechnic (Kitere) as a public institution; that subsequently, the Ministry registered Kitere as a public youth polytechnic on 20th May, 2015; that under the Constitution, it is the devolved function of the appellant to manage public village polytechnics; that since the registration of Kitere, it has operated as a public institution managed by the appellant through its department of Education, Culture and Sports and has been funded, assisted and run using public funds including posting of qualified staff, instr…

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