[2018] KEELRC 1465 (KLR)
The court found that the position of Sub-County Administrator is a statutory office whose appointment and functions are clearly delineated by law. The County Secretary does not have unfettered authority to redeploy such an officer outside the statutory framework. The claimant was entitled to be informed of the...
Source-derived case information.
- Citation
- [2018] KEELRC 1465 (KLR)
- Parties
- Claimant: Joseph Muriithi Njeru; Respondent: County Government of Kirinyaga
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 192 of 2018
- Procedural Posture
- Employment Claim / Interlocutory Ruling
- Outcome
- Interim orders confirmed in favour of the claimant pending hearing and determination of the suit.
- Judges
- AN Makau
- Legal Topics
- Redeployment of Public Officers, County Public Service, Statutory Positions, Administrative Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Muriithi Njeru
Claimant
County Government of Kirinyaga
Respondent
Procedural Posture
Employment Claim / Interlocutory Ruling
Legal Issues
- 1 Whether the County Secretary has authority to redeploy a Sub-County Administrator contrary to statutory provisions.
- 2 Whether the claimant was entitled to reasons and information regarding his redeployment.
- 3 Whether the redeployment was lawful under the County Public Service Act.
Ratio Decidendi
The court found that the position of Sub-County Administrator is a statutory office whose appointment and functions are clearly delineated by law. The County Secretary does not have unfettered authority to redeploy such an officer outside the statutory framework. The claimant was entitled to be informed of the reasons for his redeployment, and the respondent's failure to provide such information or to act within the confines of the County Public Service Act rendered the redeployment unlawful. The court confirmed interim orders restraining the redeployment pending full hearing and determination of the suit.
Court Disposition
Interim orders confirmed in favour of the claimant pending hearing and determination of the suit.
Orders
- The motion is granted in terms of prayers 3 and 4 as sought by the claimant.
- Interim orders restraining the redeployment of the claimant are confirmed pending hearing and determination of the suit.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NYERI
CASE NO. 192 OF 2018
JOSEPH MURIITHI NJERU.....................................CLAIMANT
VERSUS
COUNTY GOVERNMENT OF KIRINYAGA....RESPONDENT
RULING
1. The motion is granted in terms of the prayers sought by the claimant in prayer 3 and 4. The reasons will be best articulated on the detailed Ruling to follow.
2. Be that as it may the provisions of Section 50 of the County Public Service Act do not envision the transfer through redeployment to other arms of the County Government. A Sub-County Administrator stands in the position that is akin the position of a Deputy District Commissioner in the old regime. The functions for this office are spelt out in the Claimant’s instrument of appointment. His appointment as Sub-County Administrator was by the exercise of the prerogative of the County Public Service Board to employ the Claimant after interviews were conducted for the position. He has not been serving under a Ministry of the Respondent but has served in the administration of the County. This is a Public Service position delineated in statute.
3. Being a statutory position there is no grounds for the County Secretary to assume has carte blanche over every employee in the County. He should read the acts he operates under to appreciate the import. In as far as information goes, the County Secretary seems oblivious to the provisions of Articles of the Constitution that gave the citizens an expanded range of rights. In particular Article 35 provides there is information that is to be availed when sought. The Claimant/Applicant sought to be granted reasons for the deployment and specifically what the Claimant was tasked to do. If the appointment of the Claimant is one that can be tinkered with at the whim of County Secretary, then we are back in the dark days of hubris and disregard for statutory under pinnings of Public Service.
4. The motion is merited to this extent and I thus confirm the interim orders pending the hearing and determination of the suit as the Claimant and Respondent have raised sufficient dust to suggest all is not well with this “transfer”.
It is so ordered.
Dated and delivered at Nyeri this 11th day of July 2018
Nzioki wa Makau
JUDGE