https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2316

Lumumba v Public Service Board of Busia County & 6 others (Miscellaneous Application E004 of 2026) [2026] KEELRC 2316 (KLR) (30 July 2026) (Ruling) Neutral citation: [2026] KEELRC 2316 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Bungoma Miscellaneous Application E004 of 2026 DN Nderitu, J July 30, 2026 Between Patrice Lumumba Applicant and Public Service Board of Busia County 1st Respondent County Secretary of Busia 2nd Respondent Chief Officer Public Service Management and Governance 3rd Respondent Chief Officer Accounting Service 4th Respondent County Executive Committee Member,Public Service Management And Governance 5th Respondent Chief Officer Trade & Cooperatives Fund 6th Respondent the Secretary, Public Service Board of Busia 7th Respondent Ruling I. Introduction 1.The Applicant, through Behan & Okero Advocates, filed a notice of motion (the application) dated 27th February, 2026 seeking for the following orders: - 1.That this Honourable Court be pleased to adopt as a judgement of this Court the decision dated 8th December, 2023 by the Public Service Commission sitting at Nairobi as against the Respondents herein. 2.The costs of this application shall be borne by the Respondents. 2.The application is expressed to be brought under Articles 159 & 162(2) of the Constitution of Kenya 2010; Section 89 of the Public Service Commission Act; Rule 69 of the Employment and Labour Relations Court (Procedure) Rules, 2024 and all other enabling provisions of the law. 3.The application is based on the grounds on the face of it and supported with the affidavit of the Applicant, sworn on 27th February 2026. 4.The Respondent did not respond to the application despite having been duly served. II. Evidence 5.In the supporting affidavit, it is deponed that the Applicant, was recruited by the 1st Respondent as the County Director in-charge of Alcohol, Drugs & Abuse Control under the Department of Sports, Culture and Social Service. 6.The Applicant's case is based on a decision rendered by the Public Service Commission (PSC) on 8th December 2023, wherein it was directed that the Applicant revert to the position he held before he was seconded by the County Public Service Board. The County Government of Busia was directed to pay to the Applicant all accrued salaries, allowances, and benefits from the date of his redeployment. The PSC subsequently dismissed the 1st Respondent's application for review or appeal its decision on this decision. 7.The Applicant avers that despite the express ruling of the PSC, the 1st Respondent failed to implement the decision. 8.It is deponed that on 17th July 2024, the County Attorney advised that the Applicant be formally returned to service in compliance with the directive and process his terminal dues, noting that the Applicant had attained the age of mandatory retirement. It is further deposed that on 23rd August 2024, the County Secretary confirmed the Applicant's reinstatement and placement into the payroll for the period between 5th January 2023, and 30th June 2024 (the date of when he attained the age of mandatory retirement). The secretary confirmed that all accrued salaries and allowances were to be paid. Subsequently on 1st October 2024 the Chief Officer Human Resources and Performance Contracting computed the Applicant's salary arrears at Kshs2,499,011/= for the aforementioned period (5th Jan 2023 – 30th June 2024). The Applicant depones that he cleared with the Respondents on 30th October 2024 and was issued a Certificate of Service on 4th November 2024, confirming that he had no outstanding liabilities with any department of the Respondents. 9.It is further deponed that the Applicant previously served under the Teachers Service Commission (TSC), from where he was formally released on 25th February 2016. He avers that the Respondent have failed to transmit his personnel file back to the TSC to facilitate the computation and processing of his cumulative pension. 10.The Applicant further notes that no Court order has been issued setting aside or staying the enforcement of the PSC's decision, yet the Respondents have neglected or refused to comply with the decision despite a Demand and Notice of Intention to Institute enforcement proceedings. 11.It is in the foregoing basis, that the Applicant prays that the Court adopts the decision by the PSC dated 8th December 2023, as a judgment of the Court to enable him execute and enforce the award against the Respondents. III. Issues for determination 12.The factual background to this application has been set out by the Applicant and his counsel as per the summary in the preceding parts of this ruling. The gist of this application is that the Applicant was awarded by the PSC as alluded to above against the Respondents yet the decision has not been settled. 13.The appeal dated 12th January 2024 by the 1st Respondent to the PSC was dismissed and no further appeal has been proffered in this Court. 14.Upon the Court considering the evidence availed by way of the supporting affidavit and the arguments advanced in the submissions by Counsel for the Applicant, the following issues are for determination –a.Whether the decision of the PSC dated 8th December 2023 should be adopted as a Judgment of the Court.b.Costs. IV. Adoption 15.In its decision of 8th December 2023, the PSC issued a clear directive ordering that the Applicant be reinstated to the position he held prior to his secondment and that the County Government of Busia to pay all accrued salaries, allowances, and benefits from the date of his redeployment. The 1st Respondent’s attempt to challenge this directive was dismissed by the PSC on 12th January 2024, with the Commission explicitly upholding its earlier decision and directing immediate implementation. The Respondents' failure to act on these binding directives constitutes a clear breach of an administrative directive. 16.Section 8(1) of the Public Service Commission Act allows the Court to enforce a decision by the PSC. The Respondents have not appealed the final decision by the PSC. 17.Consequently, the notice of motion dated 27th February 2026 is hereby allowed as hereunder – V. Orders 18.The court orders that – a.The decision of the Public Service Commission in County Appeal No. 064 of 2023, an Appeal for reinstatement & payment of outstanding salary dues for Patrice Lumumba – PNO 19870015928 against Busia County Public Service Board dated 8th December 2023, is hereby adopted as a Judgment of this Honorable Court.b.Costs of the application to the Applicant.c.A decree shall issue accordingly. DELIVERED VIRTUALLY, DATED, AND SIGNED AT KAKAMEGA THIS 30TH JULY 2026…….………………………….DAVID NDERITUJUDGE