The applicant sought from the court declarations to the effect that the Minister of Local
Government and Housing has no power to remove, replace and or transfer him to another
Council or Institution; that the Applicant's refusal to vacate his office as District Executive Secretary of Livingstone Municipal Council was legitimate as he could not do so without any justified cause or excuse and that as the Minister had no power to remove the Applicant from his office, the move constituted maladministration, political harassment and victimization without just cause or excuse as the said Minister's action was devoid of both Legal and Administrative authority. The applicant sought an injunction restraining the first respondent from evicting him from his house and damages. The applicant based his action on the grounds that he as an employee of the second respondent, he could only be removed from his office by the first respondent and not the minister and that the applicant's eviction from his house could only be done within the provisions of the Local government Act and its relevant regulations and not according to the dictates of the minister.
- The order to remove the applicant from office was illegal and ultra vires the powers of the Minister. The order also amounted to maladministration because the applicant was being forced out the office without having been given a posting elsewhere.
- The applicant is still a District Executive Secretary or Town Clerk for Livingstone Municipal Council and that his refusal to vacate his office after 10th December, 1991 following the Minister’s failure to redeploy him was legitimate and that the transfer of Mr. Machai to Livingstone by the Minister before making redeployment arrangements for the applicant constituted maladministration
