A court in Nyeri has blocked the Isiolo County Assembly from forcing its clerk to go on leave, ruling the Speaker acted illegally and breached the law.
Justice Onesmus Makau of the Employment and Labour Relations Court on Tuesday, July 1, found Speaker Mohammed Roba Koto exceeded his authority by sending Clerk Isiolo County Assembly Clerk Salad Boru Guracha on compulsory leave without approval from the County Assembly Service Board.
“The compulsory leave letter was a nullity and automatically void,” said Makau.
Guracha challenged his removal, arguing it violated the County Assembly Services Act and his constitutional right to fair labour practices. The court agreed, noting the law requires a board resolution for suspension or removal.
“The law only permits suspension or removal by a resolution of the board, not by an individual's directive,” noted Makau.
The Speaker accused Guracha of financial misconduct and absenteeism, claims the clerk denied.
The court found no evidence showing the board met to approve the action.
“Public interest tilts in favour of allowing the petitioner back to work,” observed Makau, warning that barring Guracha from office would disrupt county operations.
