https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2193
The court declined to adopt the PSC decision or compel promotions and payment because such relief would improperly intrude into the respondent employer’s managerial prerogative; the court held it is not for the judiciary to grant workplace promotions or recommend salary increases in the manner sought, and the...
Source-derived case information.
- Citation
- [2026] KEELRC 2193 (KLR)
- Parties
- Applicants: EDWARD VINCENT ONDIGI & 6 OTHERS; Respondent: NYAMIRA COUNTY PUBLIC SERVICE BOARD
- Court
- Employment and Labour Relations Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E034 of 2026
- Procedural Posture
- Employment and Labour Relations Court Miscellaneous Application / Ruling on Unopposed Application
- Outcome
- Application dismissed
- Judges
- ["Nzioki wa Makau"]
- Legal Topics
- Promotion of Employees, Adoption of Tribunal/commission Decision as Judgment, Managerial Prerogative of Employer, Salary and Allowance Arrears, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EDWARD VINCENT ONDIGI & 6 OTHERS
Applicants
NYAMIRA COUNTY PUBLIC SERVICE BOARD
Respondent
Procedural Posture
Employment and Labour Relations Court Miscellaneous Application / Ruling on Unopposed Application
Legal Issues
- 1 Whether the court should adopt the Public Service Commission decision as a judgment and decree of the court.
- 2 Whether the court can compel the respondent to implement promotions and pay salary differences arising from reversed promotions.
- 3 Whether the court should interfere with the employer’s managerial prerogative in staff administration.
Ratio Decidendi
The court declined to adopt the PSC decision or compel promotions and payment because such relief would improperly intrude into the respondent employer’s managerial prerogative; the court held it is not for the judiciary to grant workplace promotions or recommend salary increases in the manner sought, and the absence of opposition did not justify granting an impermissible remedy.
Court Disposition
Application dismissed
Orders
- Application dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE EMPLOYMENT *&* LABOUR RELATIONS** **COURT OF KENYA AT KISII** **MISCELLANEOUS APPLICATION NO. E034 OF 2026** EDWARD VINCENT ONDIGI *&* 6 OTHERS………..…...…**APPLICANTS** **VERSUS** NYAMIRA COUNTY PUBLIC SERVICE BOARD..……...**RESPONDENT** **RULING** 1. The Application before me seeks the following orders 2. The Honourable Court recognizes and adopts as a judgment the findings, decision, and verdict of the Public Service Commission (PSC) dated 27th August 2025 in County Governments Public Service Appeals No. 075 of 2024 as consolidated with Appeals Nos. 076, 078, 080, 081, 083, and 084 of 2024, Thomson Bala Odhiambo *&* 6 others *v* Nyamira County Public Service Board as an order and decree of this Honourable Court. 3. The Honourable Court directs the Respondent to implement the decision of the Public Service Commission (PSC) dated 27th August 2025 in County Governments Public Service Appeals No. 075 of 2024 as consolidated with Appeals Nos. 076, 078, 080, 081, 083 and 084 of 2024, Thomson Bala Odhiambo *&* 6 others *v* Nyamira County Public Service Board to pay the Appellants (Applicants herein) the difference in their salaries and allowances as from June 2024, when their promotions were reversed, to 27th August 2025. 4. The application is supported by the affidavit of the Applicant Mr. John Makori Ondieki the 5th Applicant. 5. The application is unopposed. It is one which seeks the promotion of the 7 Applicants. In the case of **Alfred Nyungu Kimungui *v* Bomas of Kenya [2013] KEELRC 235 (KLR)** it was held that it was improper for Courts to interfere with the managerial prerogatives of an employer. As stated by my brother Rika J. (citing a decision in the case **Industrial Court Cause Number 1200 of 2012 Professor Gitile Naituli *v* University Council Multimedia University College *&* another** *“The Employment Act does not intend that Courts take away managerial prerogatives from employers. To give the interim order would have the effect of stifling the management prerogative in staff administration. It would mean the employer does not have any more say in the contract of employment it has authored. This would be contrary to the intention of the Employment Act, which seeks to merely protect the weaker of the bargaining partners, not deprive the employer the power to run its business altogether.”* 1. I am in agreement with the dicta of my learned brother on the bench and therefore will not interpose between the Applicants and their employer the Respondent before me. It is not for the Court to give promotions at the workplace nor can I recommend the promotion or salary increases proposed in the motion before me. Application is dismissed with no order as to costs since the Respondent has not even entered appearance. It is so ordered. **Dated and delivered at Kisii this 28th day of July 2026** **Nzioki wa Makau, MCIArb.** **JUDGE**