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Court Declines to Issue Order Barring Gichana From Taking Office as Nairobi County Assembly Clerk

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Employment and Labour Relations Court has today denied 14  Nairobi County Assembly staff orders to bar clerk Edward Gichana from resuming his duties days after he was reinstated by Court of Appeal.

Justice Nzioki wa Makau upon considering the application referred hearings to April 20th 2022.

The petitioners include Fredrick Macharia, Adah Owuor Onyango the deputy clerk, Nancy Kimutai, Ahmed Siro, Christine Madarah Sergeant at Arm, Edward Atanga, Judith Aaron, Evelyn Akinyi, Farah Gabow, Gladys Mwendwa, Daisy Mwema, Jolida Wangui and Hellen Mutie,Brian Yambo.

“THIS MATTER coming up on 5th April 2022 for directions on the Notice of Motion dated 4th April 2022 before the Honourable Mr. Justice Nzioki wa Makau UPON CONSIDERING the Application, the affidavit in support and the annexures thereto;IT IS HEREBY ORDERED: 1. THAT the application be served upon the Respondents for inter partes hearing on 20th April 2022 before any other Judge at ELRC Nairobi. GIVEN under my hand and seal of the Honourable Court this 5th day of April 2022,” the order reads.

In a ruling on Friday last week appellate judges Roseline Nambuye, Masagha Mbogoli and Imaana Laibuta said that having considered the grounds on which the appeal was anchored, it had no merit.

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“The appellant’s appeal be and is hereby dismissed. The judgment and decree of the Employment and Labor Relations Court at Nairobi (Maureen Onyango, J) delivered on 16th October 2020 in ELRC Petition No. 194 of 2019 be and is hereby upheld; and each party shall bear their own costs of the appeal,” the Judges ruled.

In 2020, Justice Maurine Anyango of the Employment and Labor Relations Court ruled that Gichana was legally and lawfully appointed into office. The ruling came after Ngwele had contested the appointment.

The appeal court also ordered Ngwele to pay the Nairobi County Assembly salaries and allowances he has earned since 2014 saying his appointment was irregular.

 BY ALLAN OTIENO

VIDEO OF THE DAY; https://www.youtube.com/watch?v=_dLORX6Cpfk

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