The four members of the Kakamega County Public Service Board who were impeached by MCAs in December will know their fate on February 29.
Presiding Judge Jemimah Keli said on Friday she will deliver a ruling on a petition filled by the four challenging their ouster end of February.
The petition was canvased through submissions.
“The hearing of this petition before me was by way of submission. I will deliver judgment on the same on February 29, this year,” Justice Keli said.
She further extended orders barring Governor Fernandes Barasa from sacking the board members until a ruling on the matter is made.
The four, Catherine Omweno (chairperson) and members Stanley Were, Ralph Wangatiah and Joel Omukoko were impeached on December 14 by the County Assembly on grounds of gross misconduct, abuse of office, incompetence and violation the Constitution.
Vice chair Ambrose Subayi and member Sylvia Otunga survived.
The four ousted members moved to the Employment and Labour Relations court and filed a petition challenging their removal from office.
They obtained temporary conservatory orders barring Governor Barasa from replacing them pending hearing and determination of their petition.
The governor is listed as the first respondent, the county government (3rd respondent) and the County Secretary (5th responded).
They lost their bid to have the petition struck out on January 25 on grounds that documents filed before court were not signed.
"We will not strike out the petition despite the existence of unsigned documents in the court. The petition that was filed electronically shall take precedence as it was filed properly," Justice Keli ruled.
Through Lutta & Company Advocates, the respondents had also argued that the Employment and Labour Relations court lacks jurisdiction to entertain an appeal from the decision of the County assembly by virtue of Section 10 of the County Assemblies Powers and Privileges Act.
The plaintiffs want the court to issue orders to compel the county government to open offices for them since they have been denied access to the board offices despite court orders.
