JUDGMENT
JUDGMENT OF KIAGE, J.A
By this appeal, the 1st appellant challenges the judgment of the Employment & Labour Relations Court (Radido, J.) rendered on 17th December, 2020, by which the learned Judge dismissed his petition, holding that his gazettement as Clerk of the County Assembly of Homabay was illegal and consequently he was not validly in office. Hinged on that reasoning, the court determined that there was no legal foundation for it examining whether the 1st appellant’s suspension and removal from office was in consonance with the law governing the procedure for suspending and/or removing a County Assembly Clerk from office.
The 1st appellant had sought various reliefs in the petition, including declarations that; the unilateral decision by the respondents to suspend and remove him as Clerk of the County Assembly of Homabay amounted to a witch hunt and violated his right to a fair trial as envisaged under Article 50 of the Constitution, and his suspension and removal was wit…