Dorothy Owino v County Assembly of Siaya & 2 others [2021] KEELRC 2257 (KLR)
The bottom line
#A Kenyan court threw out Siaya County's attempt to dismiss its Health CEC because the Assembly ignored its own procedural rules before voting.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELRC over impeachment of a county executive committee member
The Court declined to revisit the High Court's jurisdictional ruling, since parties dissatisfied should have appealed, but noted Court of Appeal authority treating the relationship as employer-employee
The High Court had suo motu declined jurisdiction and transferred the Petition; the Notice of Preliminary Objection and submissions were already on record. The Court held it could not revisit the substance of that ruling, an appeal being the proper remedy, though it observed obiter Court of Appeal decisions supporting ELRC jurisdiction.
Whether Standing Orders bind a County Assembly in removal proceedings
Yes - Standing Orders are legislation which must be obeyed, and the protections they assure are consistent with Articles 47 and 236 of the Constitution
Section 14 of the County Governments Act empowers the Assembly to enact Standing Orders consistent with constitutional values including fair administrative action and due process. Endorsing the Zimbabwe Supreme Court in Biti, the Court held Standing Orders cannot be dismissed as mere club rules and must be followed.
Whether failure to give the Petitioner the report at least 3 days before plenary and opportunity to appear before the plenary violated her rights
Yes - the failure to comply with Standing Orders 73 and 74 rendered the process procedurally unfair and the decision recommending dismissal null and void
The allegations were properly pleaded in the supporting affidavit (paragraphs 11, 12 and 18). The Standing Orders conferred protections consistent with Articles 47 and 236. The Assembly's failure to comply was a fundamental procedural misstep.
Whether the composition of the Ad Hoc Committee evidenced bias
No - apparent bias was not decisive; the movers and proposers of the motion were excluded and the Petitioner attended with counsel without objection
Although three signatories of the removal motion sat on the five-member Committee, the fair-minded observer test was applied; the movers/proposers were excluded and the Petitioner, accompanied by legal advisers, did not object to composition at the outset.
Legal principles established
#- County Assembly Standing Orders constitute legislation which must be obeyed and followed, and an assembly is bound to comply with protections they confer during removal proceedings
- Failure to afford a county executive committee member the procedural protections in the Standing Orders before removal is a fundamental procedural error nullifying the process
Court orders
#- 1.A declaration that the exclusion of the Petitioner from the Assembly proceedings of 6 August 2019 and the 1st Respondent's decision to recommend her dismissal was procedurally unfair, violating Article 47 of the Constitution read with Standing Orders no. 73(9) and 74(1)(b) and (2), and is null and void
- 2.The County Assembly and the Speaker to cause the report of the Ad Hoc Committee to be debated afresh in compliance with section 40(5) of the County Governments Act as read with the Standing Orders
- 3.Costs of the Petition awarded to the Petitioner on half-scale
- Jurisdiction invoked
- Original constitutional/jurisdictional mandate of the Employment and Labour Relations Court; Petition transferred from the High Court for want of jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Dorothy Owino v County Assembly of Siaya & 2 others [2021] KEELRC 2257 (KLR)", Case Analysis (2021). Petition (transferred from Siaya High Court; number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/2257/eng@2021-01-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.