REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT SIAYA PETITION NO. 37 OF 2019 THE MATTER OF ARTICLES 1, 2, 3, 10, 73, 124, 159, 165, 179, 196, 232 AND 259 OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF SECTIONS 3, 4, 7, 8 AND 9 OF THE LEADERSHIP AND INTERGRITY ACT NO. 19 OF 2012 AND IN THE MATTER OF SECTIONS 30(2) AND 35 OF THE COUNTYGOVERNMENTS ACT, 2012 (ACT NO. 17 OF 2012) AND IN THE MATTER OF SECTIONS 4, 5, 10 OF THE PUBLIC SERVICE (VALUES AND PRINCIPLES) ACT, 2015 AND IN THE MATTER OF SECTIONS 8, 10 AND 11 OF THE PUBLIC APPOINTMENT (COUNTY ASSEMBLY APPROVAL) ACT NO. 5 OF 2017 BETWEEN GEORGE OCHIENG................................................................................PETITIONER VERSUS GOVERNOR, COUNTY GOVERNMENT OF SIAYA................1ST RESPONDENT COUNTY GOVERNMENT OF SIAYA.........................................2 ND RESPONDENT SPEAKER, COUNTY ASSEMBLY OF SIAYA............................3RD RESPONDENT COUNTY ASSEMBLBY OF SIAYA..............................................4 TH RESPONDENT AND DR. ELIZABETH A. ADHIAMBO..................................1ST INTERESTED PARTY
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JAOKO OBURU ODINGA..............................................2 ND INTERESTED PARTY ENG. ADRIAN OUMA.....................................................3 RD INTERESTED PARTY DISMAS OMONDI WAKLA...........................................4TH INTERESTED PARTY GEORGE MISORE...........................................................5 TH INTERESTED PARTY BENHARD O. MBOHA...................................................6TH INTERESTED PARTY CHARLES ODUOR OGADA...........................................7TH INTERESTED PARTY DOROTHY OWINO..........................................................8 TH INTERESTED PARTY RULING OF THE COURT 1. I have on my own motion perused the pleadings herein as filed and the prayers sought in the Petition and application dated 13.8.2019 and I am persuaded that the Court with competent jurisdiction to hear and determine the predominant issues in the Petition and in the application is the Employment and Labour Relations Court. This is so in view of Articles 162(2) (a), 165(5)(b) of the Constitution and Section 12(2) and (7) of the Employment and labour Rations Court Act. 2. Albeit some of the questions raised in the petition are cross cutting and therefore this Court does share jurisdiction with the Court of equal status, I must on the understanding that the main issues are Employment and Labour Relations, down my tools and direct that this file be placed before the Employment and Labour Relations Court at Kisumu for hearing and final determination. 3. Accordingly this Petition is wholly withdrawn from Siaya High Court and placed before the Employment and Labour Relations Court (ELRC) at Kisumu forthwith for further directions and actions mention on 16.10.2019 at Kisumu ELRC. Dated, signed and delivered at Siaya this 18th September, 2019. R.E. ABURILI JUDGE
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