High Court overturns suspension of Isiolo County clerk, citing procedural irregularities
The court found that the board, which has the legal mandate to discipline the clerk, has not sat to initiate a disciplinary process against him.
The High Court has overturned the decision by Isiolo County Assembly Speaker Mohammed Koto and the assembly's board to suspend Clerk Salad Boru Guracha.
Justice Onesmus Makau of the Employment and Labour Relations Court, sitting in Nyeri, issued the order stopping the suspension, pending the determination of a petition filed by Salad.
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The clerk was removed following a feud within the county government, pitting Governor Abdi Guyo, who was recently impeached, against County Assembly Speaker Mohammed Roba.
Justice Makau found that Guracha had an arguable case which may be rendered nugatory if the conservatory still orders are withheld.
"An order be and is hereby granted, temporarily suspending the respondent's decision to place the applicant on compulsory leave," ruled Justice Makau.
The court found that the board, which has the legal mandate to discipline the clerk, has not sat to initiate a disciplinary process against him.
Arguable case
Justice Makau also held that the petitioner (clerk) had an arguable case that could be rendered futile without the court's intervention and found that public interest favoured the issuance of conservatory orders.
Salad was suspended on June 16, 2025, over allegations of financial impropriety, absenteeism, failure to submit monthly requisitions for April and May to the Controller of Budget, and poor coordination of management meetings.
In his petition, he challenged the legality of the move, accusing Speaker Koto and the County Assembly Service Board—chaired by the Speaker—of acting unlawfully and maliciously.
Salad claimed his suspension was part of a wider political scheme, alleging that he was targeted for refusing to support an irregular plan to impeach the Isiolo governor.
He further argued that the actions violated his rights to fair labour practices under Article 41 of the Constitution.
Warning letters
In their response, the Speaker and the board defended the suspension, citing previous warning letters issued to Salad in 2022 and March 2025, and arguing that his conduct had warranted disciplinary action.
They argued that the petitioner was using the court to avoid the disciplinary process, which had only just begun and had not yet resulted in any decision to terminate his employment.
They also claimed that evidence of any threat of replacing the clerk has been adduced.
The court also issued orders restraining the Speaker and the board from denying Salad access to his office or interfering with the execution of his duties as clerk.
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