By Daniel Dembede

The Court of Appeal in Kisumu has ruled that the Employment and Labour Relations Court (ELRC) did not have the jurisdiction to determine the constitutionality of the removal of the chairperson and members of the Kakamega County Public Service Board (CPSB).

The ruling sets aside then Kakamega Employment and Labour Relations Court judge Justice Jemimah Keli ruling that quashed the impeachment of the board members by the County Assembly of Kakamega.

Those impeached are Chairperson Catherine Omweno and members Stanley Were, Ralph Wangatiah, and Joel Omukoko. Vice-chair Ambrose Subayi and member Sylvia Otunga survived.

"The petition by members of the board succeeds, overall process was flawed as rights of the petitioners as guaranteed as those before the court were violated," ruled Judge Keli.

The judge declared the decision to remove the board members from office by the county assembly unconstitutional, unlawful and tainted with illegalities.

Keli said the presumption of constitutional validity in respect of the application by the governor was extinguished the moment the court issued its judgment.

“Having declared the impugned decision of the county assembly of removal of the petitioners from office unconstitutional and unlawful, the presumption of constitutionality and lawfulness of the assembly's process and resolutions was extinguished and the orders of stay if granted would be tantamount to enabling further violation of the petitioner’s rights,” the judge ruled.

On Friday, February 7, 2025, Justices Hannah Okwengu, Hellen Omondi, and Joel Ngugi ruled that the case was constitutional and should have been heard by the High Court (constitutional division) rather than the ELRC.

“Jurisdiction is everything. Without it, a court has no power to make one more step. Where a court has no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence,” the ruling states in part

It further reads: “Where a court takes it upon itself to exercise a jurisdiction which it does not possess, its decision amounts to nothing. Jurisdiction must be acquired before judgement is given,”

According to the appellate judges, the matter had been brought before the Employment and Labour Relations Court, with the petitioners challenging their removal from office, citing constitutional violations, unfair treatment, and procedural issues.

However, the appellants (Governor Fernandes Barasa and the County Assembly of Kakamega) contended that the ELRC lacked jurisdiction, arguing that the dispute was constitutional in nature, not employment-related.

“We have keenly looked at the record of the superior court, the pleadings by the parties and their submissions before us. It is impossible to deny that this is not a plain vanilla employment dispute between the members of the County Service Board and the County Assembly of Kakamega,” the ruling reads in part

It went on: “What is readily obvious is that the dispute is about the appropriate constitutional and statutory procedures and thresholds for the removal of members of a County Service Board,”

According to the judges, the questions presented in the consolidated appeals before them “do not fall within the meaning of disputes” related to employment and labour relations and that, ELRC did not have jurisdiction to deal with the petition before it and should have allowed the preliminary objection pursued by the respondents before it.

They noted that the matter should have been appropriately placed before the High Court which has unlimited subject matter jurisdiction.

“The issues raised in the petition that was before the ELRC were constitutional in nature and the ELRC did not have jurisdiction to hear and determine them. The judgment of the ELRC dated 6th June, 2024 is set aside and substituted with an order dismissing Kakamega ELRC Petition No. E008 of 2023,” the judges ordered

They also directed that each party to bear its own cost.

By Jabali Media

Cabinet Secretary (CS) for Labour and Social Protection Alfred Mutua has urged youth in Kisumu and neighbouring areas to turn up in large numbers for the ongoing overseas job recruitment drive.

By Jabali Media

The inaugural Nyanza International Investment Conference (NIIC) commenced on Thursday in Kisumu, seeking to unlock the region’s economic potential.

By Peter K'opiyo

3 trainees from the Kericho National Polytechnic seek justice accusing the institution's  plan to transfer them to another tertiary institution because of their impairment.

The newly admitted trainees who are physically challenged have had been forced to bear the brutal experience because of their physicality. 

A whistle blower who is a disability champion in the institution stated that despite receiving admission letters from the polytechnic to join and commence their training in September last year, todate, they are yet to get to classes and pursue their respective one-year courses.

"The trainees were admitted in September last year but were put on hold then. The principal then requested me to talk to the trainees to wait until January," stated the disability champion adding that the principal, Sammy Cheruiyot had cited lack of favourable facilities.

He further reveals that it was not until the intervention of National Council for Persons with  Disability (NCPWD) and PWD advocates that the students were allowed into the institution.

He however notes that since they joined the polytechnic, they have not made any progress academically.

"They have been in their hostel since Wednesday last week, no classes, no nothing todate. They now want to transfer them to Sikri but the institute is for the deaf and dump," diclosed the disability advocate.

"They paid registration or enrollment fee. They're just in hostel.They were waiting to be accepted in class," divulged the champion.

Mombasa-based Human rights advocate, Jonathan Metet together with Kericho County Disability Services Officer David Olasi, Manager, Kericho Vocational and Rehabilitation Centre, David Omondi, the chairperson of Kericho Disability Caucus, Julius Lang'at as well as Kericho-based Disability champion Hillary Cheruiyot among other key stakeholders pumped in efforts to ensure the trainees' right to education is upheld. 

"We can't sit and watch segregation along academic lines.Let every person pursue what they yearn for. Don't be anyone's barrier because of their impairment. Instead, let us all champion for inclusivity," averred Metet noting that despite being a fundamental right, many students with disabilities had a challenge in accessing quality education.

By Jabali Media

Kisumu City has inaugurated a transformative revenue collection initiative, aimed at enhancing service delivery, infrastructure development and overall economic growth.

Na Zuleikha Salim

Mahakama imebatilisha wosia wa marehemu Mzee Zeni, baada ya kubainika kuwa ulikuwa kinyume na sheria za Kiislamu.

By Jabali Media

Kisumu City management, through City Manager (CM) Michael Abala Wanga has begun public engagement forums with traders and members of the public at large, in a bid to enhance service delivery in satellite urban centres.

By Florence Omolloh

The County government of Kisumu is phasing out standalone HIV Comprehensive Care Centres (CCCs).

By Jabali Media

The Jaramogi Oginga Odinga Teaching and Referral Hospital (JOOTRH) management on Friday, January 31, 2025 launched a 5-year strategic plan, centered on patient approach to healthcare.   

By Jabali Media

Historian and author, Professor Bethwell Allan Ogot is dead.

By Diana Alivitsa Jumba

It is an open secret that the society has over the years placed premium efforts in protecting the rights of the girl child, at the expense of the boy child.  

From organizations pushing for education of the girl child to various entities targeting girls and women in campaigns against sexual and gender-based violence, boys and men are left on their own, under the disguise that they are strong enough to fight ‘their battles in silence.’

However, Damaris Ng’etich, an educationist for early childhood education, says boys and girls deserve equal protection opportunities.

“In many instances, we have placed our interest in girls because to some percentage we need to protect them, but boys also need the same protection. Let us not assume because society has already set standards for boys and men. They too face a lot of challenges,” she told Jabali Media in an exclusive interview.

Kenyan society is awash with incidents where boys are being abused, but most of us choose to keep quiet, ‘because it is shameful,’ while a lot of people still believe that it is impossible for boys to be disgraced.

According to statistics by the Kenya Gender Fact sheet statistics, women continue to have better opportunities in various sectors, compared to men.

Perk Group Africa is among entities calling for empowerment of both the girl and the boy child.

“Empowering the boy child means teaching that vulnerability, empathy, and emotional expression are not signs of weakness but attributes of strength.”

It is therefore a rallying call that we do a 50/50 for job opportunities, house chores and others for love and protection to thrive in our society.

By Jabali Media

Members of the Independent Electoral and Boundaries Commission (IEBC) commissioners’ selection panel have been sworn-in.