Yego v Nandi County Public Service Board & 3 others (Employment and Labour Relations Cause E071 of 2024) [2026] KEELRC 1621 (KLR) (12 June 2026) (Judgment)

Yego v Nandi County Public Service Board & 3 others (Employment and Labour Relations Cause E071 of 2024) [2026] KEELRC 1621 (KLR) (12 June 2026) (Judgment) Neutral citation: [2026] KEELRC 1621 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Eldoret Employment and Labour Relations Cause E071 of 2024 MA Onyango, J June 12, 2026 Between Laban Kipchirchir Yego Claimant and Nandi County Public Service Board 1st Respondent Nandi County Assembly Service Board 2nd Respondent Nandi County Secretary 3rd Respondent Clerk of the County Assembly-Nandi 4th Respondent Judgment 1.The Claimant was employed by the Nandi County Public Service Board by letter dated 17th March, 2014 as a Ward Administrator. 2.By a letter dated 30th October, 2017, from the Chairperson, Nandi County Assembly Service Board to the Secretary, Nandi County Government, the County Assembly requested for secondment of an Administrative Officer to the Speaker’s Office. 3.By a letter dated 2nd November, 2017, the Acting County Secretary wrote to the Secretary, Nandi Public Service Board, requesting the Board to consider and approve the secondment of the Claimant to the Nandi County Assembly Hon. Speaker’s Office. The Claimant was subsequently called and directed to report to the County Assembly. 4.According to the Claimant, he was never issued with any letter of secondment or transfer of service. He was also not issued with a letter of appointment by the County Assembly. 5.The Claimant testified that following his movement to the County Assembly, his salary pay point continued to be at the Nandi County Executive until July, 2018. From August, 2018 his salary point was moved to and paid by the Nandi County Assembly. 6.All the pay slips from the Nandi County Assembly produced by the Claimant indicate that his terms of employment are (P&P) referring to permanent and pensionable. 7.At the hearing of this suit the Claimant testified that in October, 2017 he was invited for interview by the Secretary, County Public Service Board where he was told that a vacancy had been declared by the County Assembly. He testified that he did not resign from the County Public Service Board before taking up the position at the County Assembly. 8.The Claimant testified that he reported to the County Assembly in November, 2017 as a Senior Administrator, Office of the Speaker. He testified that he served a probation period of 9 months at the County Assembly while his salary was being paid by the County Executive until August 2018 when he was called by the Human Resource Director, County Assembly and notified that his title had been changed to Senior Administrator which is equivalent to Assistant Director or Senior Clerk 1 at the County Assembly. He was further informed that his pay point had been changed from County Executive to County Assembly from 1st August, 2018. The Claimant clarified that the position of Ward Administrator is the same grade as Senior Administrator. 9.The Claimant testified that in March, 2019 he was disbursed a 20-year mortgage by the County Assembly. 10.He further testified that in April, 2020 he was promoted to Senior Office Administrator, Job Group P by the County Assembly Service Board. Further, in December, 2022 he was re-designated to Senior Clerk Assistant 1 and transferred from Office of Speaker to Legislative Department. 11.The Claimant testified that in April, 2024 he received a letter from the Clerk of the County Assembly to respond to a letter from a Member of the County Assembly (MCA). That the letter from the Clerk stated that his response would inform action by the County Assembly. He responded to the letter on 16th April, 2024. He did not receive any further communication on the matter after he responded. 12.The Claimant testified that on 1st August, 2024 he received 2 letters, one from the County Secretary deploying him to the Department of Sports as Senior Administrative Officer 11 equivalent to Job Group M and requiring him to report immediately. The second letter was from the Clerk of the County Assembly notifying him of the conclusion of his secondment and notifying him to report to the County Executive the same day. 13.The Claimant testified that prior to that date he was not aware that he was on secondment as he had not been issued with a letter to that effect. That all along he knew that he was transferred to the County Assembly. He states that this was because he was interviewed with 3 other colleagues before the deployment to the County Assembly. He further testified that the County Secretary called him to the office and informed him that he had been transferred to the County Assembly. He stated that this belief is fortified by the fact that he received salary, allowances and benefits as an employee of the county assembly including accessing a mortgage and issuance with a medical card by the County Assembly. 14.He further stated that he was a member of the County Assembly pension scheme which he joined on 1st August, 2018. 15.The Claimant stated that at the time of the alleged conclusion of his secondment the County Assembly was understaffed as two employees were out of the country on study leave. 16.The Claimant stated that after 1st August, 2024 the Clerk took over the duties previously assigned to him. He testified that although he was reporting to work he was not allocated any duty. 17.Unhappy with his alleged redeployment back to the County Executive the Claimant instituted the instant suit in which he seeks the following remedies:a.A declaration that the demotion against the Claimant vide the letters dated 1st August, 2024 and issued by the County Secretary and the Clerk of the County Assembly is contrary to the constitution of Kenya, 2010, the County Governments Act and are a nullity contrary to Articles 47, 50(1) and 236 of the Constitution.b.A declaration that the Respondents have violated the Claimant’s rights and freedoms set out in Article 10, 25(c), 35, 47, 50 (1) and (2) (b) and 236 of the Constitution of Kenya, 2010.c.A declaration that within the purview of Article 10 of the Constitution of Kenya, 2010, the Respondents are bound by the key national values and principles to wit the rule of law.d.A declaration that within the purview of Article 236 of the Constitution of Kenya, 2010, the Respondents cannot victimize, and demote the Claimant without the due process of law.e.A Declaration that by operation of the law, the Claimant was employed as an employee of the 2nd Respondent.f.An order of certiorari to remove into this court and quash the directives issued by the 3rd and 4th Respondents vide their letters dated 1st August 2024 to demote the Claimant without substantiation and with specificity informing the Claimant of the reasons behind his demotion.g.An order of permanent injunction be issued to stop the Respondents from initiating the demotion proceedings/directives against the Claimant based on mere allegations that aren’t backed up by evidence.h.An Order of mandamus do issue directing the Respondents to unconditionally reinstate the Claimant to his position of employment with the 2nd Respondent with back pay of all his benefits and allowances and salaries from the date of the unlawful termination of service at the 2nd Respondent's service.i.Damages for breach of the Claimant's constitutional rights in the alternative, a certificate of service as per section 51 of the Employment Act one month’s salary in lieu of notice be issued in favour of the Claimant.j.Costs and interest of this claim.k.Any other award as the honourable court deems fit to grant in the circumstances of this case. 18.The Respondents denied the averments in the Statement of Claim. 19.For the 1st and 3rd Respondents, CS Jeruto Nancy, Secretary and CEO of Nandi County Public Service Board (RW1), testified that she assumed the position substantively on 1st February, 2025 but was acting in the position for one year before that while substantively holding the position of Principal Legal Officer, Nandi County Public Service Board. 20.She testified that the Claimant was seconded to the Nandi County Assembly and re-designated as Senior Administrative Officer Job Group N. She testified that no promotion had been given to the Claimant by the County Public Service Board from the time he was transferred. 21.She testified that in the employment process the role of the County Secretary is to act as a link between the executive and the Public Service Board. 22.She testified that a request for secondment comes through the office of the County Secretary and the recruited employee is also sent through the office of the County Secretary. That upon the lapse of secondment period an officer is received and deployed by the County Secretary. 23.RW1 testified that the deployment of the Claimant upon the end of his secondment was not discriminatory and was also not a demotion. 24.She testified that the County Public Service Board does not employ for the County Assembly Service Board. 25.Under cross examination by Mr. Kenei, Counsel for the 2nd and 4th Respondents, RW1 stated that there has never been any transfer of service with respect to the Claimant and the Claimant still remained an employee of the County Public Service Board. That his return to the County Government was done in a proper manner. She testified that the reversal will not occasion any loss of benefits to the Claimant. 26.Under cross examination by counsel Biwot for the Claimant, RW1 stated that secondment in the county government is governed by the Public Service Commission Human Resource Manual, 2016 which provides for secondment for 3 years with an option for extension once for another 3 years. 27.She stated that the Claimant was on secondment for 7 years. She testified that there was no document informing the Claimant of the date his secondment started or when it was to end. She further testified that the Claimant was never issued with any letter to ascertain the status of his employment. That this was to be done by the County Assembly and not the County Public Service Board. 28.She testified that there was no letter from the County Public Service Board written to the Claimant to ascertain his secondment status. She stated that the request that came to the County Public Service Board came when the Claimant had already been identified by the County Assembly. That the role of the County Public Service Board was to approve the secondment. 29.RW1 testified that the letter dated 30th 0ctober, 2017 requesting for an officer to be seconded to the County Assembly Speaker’s office does not specify the name of the Claimant and the identification was done by the County Secretary. 30.She stated that she was not privy to the criteria used to identify the Claimant for secondment to the County Assembly. That there are no minutes or a Board resolution confirming the identification of the Claimant for secondment. 31.She testified that during the secondment period the payment point was at the receiving organization, in this case the County Assembly. 32.She stated that the benefits that the Claimant was entitled to under the County Assembly cannot be transferred to the county executive. That the Claimant would go back to the position he held before the secondment. She stated that she did not know if the benefits were different. She stated that the Claimant would go back to job group N where he was deployed before secondment. 33.Henry Kipkorir Tarus, testifies as RW2. He stated that he was the former Director, Human Resource Management and current Deputy Clerk Administration. He adopted his witness statement and documents referred to in the statement as his evidence in chief. 34.Upon cross examination by Mr. Biwot Counsel for the Claimant RW2 testified that secondment is not supposed to be for more than 3 years. 35.RW2 testified that before August, 2024 the Claimant had not received any document to indicate that he was proceeding on secondment. 36.He testified that the Claimant had a mortgage which is available for all staff of the County Assembly. He stated that he personally recommended the Claimant as an employee of the County Assembly and signed the recommendation in his capacity as custodian and Director of Human Resource. That the letter was written after the Claimant had served in the Assembly for more than 3 years. 37.He testified that the Claimant received pay slips from the County Assembly which state his expected date of retirement as 31st October, 2045. 38.He testified that the Claimant was promoted by the County Assembly severally after 2020 through letters dated 24th April, 2020 and 29th December, 2022. 39.He testified that the Clerk is the Secretary of the County Assembly Service Board and every communication made by the Clerk is on behalf of the County Assembly Service Board. 40.He testified that no minutes of the County Assembly Service Board had been submitted to court with reference to the secondment of the Claimant. He stated that the letter dated 1st August, 2024 on end of secondment does not refer to minutes of the Board. 41.He testified that the Claimant had not been subjected to any disciplinary process in respect of his service at the County Assembly. 42.He further testified that the Claimant did not receive any letter from either the County Assembly or the County Secretary on secondment pursuant to the Public Service Commission Guidelines on Secondment as per Regulation 4.0 paragraph 6. 43.On cross examination by Counsel Kenei for the 2nd and 4th Respondents RW2 stated that returning the Claimant to the County Government from the County Assembly is not a disciplinary issue. 44.He stated that returning the Claimant to his putative employer does not disadvantage him. 45.He testified that pay slips for seconded employees are done by the mother institution and processed by the adopting institution. He stated that the retirement date on the pay slip refers to engagement by the mother institution. 46.He stated that the return date for the Claimant from secondment is determined by the County Government and not the County Assembly. 47.He testified that the Claimant received communication that he was going to the County Assembly on secondment and would revert to the County Executive. 48.He testified that when an employee is on secondment he has a right to be promoted as such employee is not discriminated. He stated that the promotion does not change the nature of his engagement nor disadvantage the employee upon returning to the mother institution. That such employee goes back with the promotions he has acquired. 49.Dr. Francis Sang, the County Secretary, Nandi County, testified as RW3. He stated that as County Secretary he serves as the secretary of the County Executive, is head of County Public Service and coordinates all the county activities for departments including inter-departmental transfers of staff for deployment. He adopted his witness statement dated 18th February, 2025. 50.RW3 testified that in 2017 the County Assembly Service Board requested for secondment of an officer to perform administrative duties in the office of the Speaker of the Assembly. That the Claimant was sent to the County Assembly on secondment. 51.He testified that upon release by the County Assembly the Claimant is supposed to report to the office of the County Secretary for deployment as the exercise of deployment is in the docket of the County Secretary. 52.He stated that upon return to the County Public Service the Claimant would go back to the Job Group where he was before secondment as demanded by the law. That if there is to be a change he is to be subjected to a process by the Board. 53.Under cross examination by Mr. Chelogoi, Counsel for the 2nd and 4th Respondents, RW3 stated that there was no transfer of service in the case of the Claimant and that upon reverting to the County Executive the Claimant would suffer no loss of benefits. 54.Upon cross examination by Mr. Biwot for the Claimant, RW3 stated that the letter dated 1st October, 2024 which he issued to the Claimant deployed him to Job Group N where he was when he left before joining the County Assembly. 55.RW3 stated that the letter from the County Assembly dated 30th October, 2017 did not request or identify a specific employee. That RW3 wrote to the County Assembly proposing the Claimant. That the Claimant was identified by agreement following informal consultations between RW3 and the County Assembly during which CVs for several employees were sent to the County Assembly. That there were no minutes of the consultations. That the Claimant was to be seconded for a period not exceeding 3 years. 56.He stated he was not sure if the Claimant was issued with a letter from the office of RW3 indicating he would be on secondment for 3 years prior to his deployment at the County Assembly. He further stated he was not sure if the Public Service Board wrote any letter to the Claimant on the secondment. 57.He stated that from 2017 he did not write any letter to check on the Claimant’s welfare as per 2016 PSC Regulations on Secondment. RW3 stated that the Claimant was not released by him. That there was no complaint about the Claimant from the Count Assembly. 58.He stated that the letter dated 1st August, 2024 informing the Claimant about expiry of his secondment does not refer to minutes of the Board. He further stated that the Respondents have not produced any resolution to support the recall of the Claimant. He further stated that there were no advertisements declaring vacancy in the position of Senior Administrative Assistant. He stated that an advertisement was done in October or November but the advertisement had not been produced in court. 59.RW3 stated that he was not aware of the benefits that the Claimant was entitled to while working at the County Assembly but was aware that the County executive staff had mortgage and medical schemes. 60.Referring to the letter to the Claimant dated 3rd August, 2024, he stated that the Claimant would go back to the last position he held before deployment to the County Assembly. 61.He stated that at the lapse of 3 years of the secondment there was no communication to the Claimant from either the office of the County Secretary or County Assembly. That the Responsibility was with the County Assembly. 62.Upon re-examination by Mr. Kogo for the 1st and 3rd Respondents, RW3 stated that the Claimant did not resign from the County Public Service Board as required if he was to take up the position at the County Assembly. Analysis and Determination 63.Upon conclusion of hearing the parties filed and exchanged written submissions. The Claimants submissions are dated 13th December, 2025. The 1st and 3rd Respondents filed submissions dated 29th January, 2026. The submissions of the 2nd and 4th Respondents are dated 16th February, 2026. 64.I have considered the pleadings, the evidence on record and the submissions. It is important to note from the outset that the main facts of this case are not contested. 65.The Claimant was employed by the County Government of Nandi as a Ward Administrator – Job Group N by letter dated 17th March, 2014. 66.By a letter dated 30th October, 2017 the Chairperson, Nandi County Assembly requested for secondment of an Administrative Officer to work in the Speaker’s Office. The letter states that a vacancy had arisen in that position. The letter is reproduced below:County Government Of NandiNandi County AssemblyDate: 30th October 2017The Secretary,Nandi County Government,O. Box 802·30300,KapsabetDear Madam,RE: REquest For Secondment- Administrative Officer, Speaker’s OfficeIn the process of restructuring operations at the county assembly, the above vacancy arose. The duties and responsibilities for the position are the following amongst other relevant duties:- Coordinates the administrative activities of the Speaker's Office, Acting as the liaison person between the Speaker’s Office and the rest of the County Assembly offices. Carrying out research, preparation of speeches and overseeing travel and protocol arrangements in the Speaker’s Office. Preparation and review of correspondence and reports as directed by the Speaker. It is on this note that we are requesting your office to second to us an experienced officer who can perform the above duties and responsibilities, preferably a ward administrator.We look forward to a prompt response and an expedited secondment process of the identified Officer.Yours faithfully,Hon. Joshua Kiptoo,Chairperson – Nandi County Assembly Service Boardcc. Clerk, Nandi County Assembly 67.According to the Claimant, he received a letter from the County Public Service Board to attend an interview which he did with three other colleagues. He was later called by the County Secretary, Nandi County and was informed that he had been transferred to the County Assembly. He was directed to report to the Office of the Clerk, County Assembly, to be allocated duties. 68.It is common ground that no letter was issued to the Claimant informing him on what terms he was deployed to the County Assembly. 69.According to the Claimant, he reported to the County Assembly on 1st November, 2017 and served a probationary period of 9 months. At the end of the probation period in June, 2018 the Claimant was called by the Human Resource Director of the County Assembly and informed that his pay point would be changed from the County Executive to the County Assembly beginning 1st August, 2018. The Claimant produced his pay slips for July (from County Executive) and August 2018 (from County Assembly) which confirmed the change of his pay point from the County Executive to the County Assembly. 70.It was the Claimant’s case that in March, 2019 he was disbursed a mortgage of 20 years under the County Assembly Mortgage Scheme. He produced a statement of the mortgage account as proof of this fact. 71.In April, 2020 the Claimant was promoted by the County Assembly Service Board to the position of Senior Office Administrator, Job Group P under the County Assembly Service Scheme. The Claimant stated that the Job Group is similar to Assistant Director under the County Executive. The letter is reproduced below:County Government Of NandiNandi County AssemblyNWAPP/VOL.1Date:24th April 2020Ms. Laban K. Boit,PF No.20XXXXXXXX5Dear Laban,RE: PRomotion To Senior Office Administrator-job Group PThis is to convey the decision of the Nandi County Assembly Service Board vide CASB meeting held on 23rd April 2020 that you be promoted as a Senior Office Administrator-Job Group P with effect from 24th April 2020.The Gross Salary attached to this post is KShs.137,110 (Minimum) and KShs.171,730 (Maximum). You will enter at Scale point 2 of Job Group P and progress through annual increments until you reach the Maximum. Thereafter, further progression will be determined by the Nandi County Assembly Service Board based on your performance and in accordance to the existing Nandi County Assembly Schemes of Service. You will be reporting to the Director Human Resource Management and Administration. Your duties and responsibilities will entail the following amongst other relevant duties:-Oversee the proper use and operation of office equipment; Ensure security of office equipment, confidential documents and records; Attend to visitors/clients, including telephone calls and appointments by reflecting professionalism in order to create a good image of the Assembly; Maintain an office diary and travel itinerary for the Clerk and Hon. Speaker and ensure meetings are properly scheduled; Prepare responses to general correspondences from prospective clients, staff and other key stakeholders of the Assembly by ensuring all incoming correspondences reach the records office in a timely manner and circulated for immediate action; Manage office protocol and etiquette by presenting practical, sound advice on common situations involving office etiquette in order to improve the Assembly’s image.Please signify your acceptance of this promotion within one (1) week from the date of this letter by signing in the space provided below and returning a copy of this letter to the Human Resource DepartmentPlease accept my congratulations on this well-deserved promotion.SignedYours faithfully.Clerk Of County AssemblyMr.barnaba G.k. Kosgei,Secretary,nandi County Assembly Service Board 72.It was further the Claimant’s case that in December, 2022 he was re-designated as Senior Clerk Assistant and transferred from Office of the Speaker to Legislative Department of the County Assembly. The letter is reproduced below:County Government Of NandiNandi County AssemblyDate: 29th December 2022Mr.Laban Kipchirchir Yego,PF No.20XXXXXXXX5,ID.No.2XXXXX80Dear Laban,RE: Re-designation To Senior Clerk Assistant 1, Job Group PThis is to convey the decision of Nandi County Assembly Service Board vide its meeting held on 18th November 2022 that you be re-designated to the position of Senior Clerk Assistant 1, Job Group P with effect from 1st December 2022. This is a lateral movement and your terms and conditions of service will be as per your current appointment at the County Assembly Service.You will be reporting to the Head of Department-Legislative and Committee Services and your duties and responsibilities will entail; preparing budgets for committees; coordinating committee conferences and seminars hosted by the assembly; preparing invitation letters, drafts and minutes in committees; preparing reports and articulate to members; preparing order papers, statements, questions and motions; undertaking research on motions by consulting appropriate sources and offering administrative services to various County Assembly Committees.Please signify your acceptance of this re-designation within one week from the date of this letter by signing in the space provided and returning a copy of this letter to the Human Resource Management Department.On behalf of the County Assembly Service Board, I take this opportunity to congratulate you on your new appointment and wish you the very best.Yours faithfully,Clerk Of County AssemblyMr.barnaba G.k. Kosgei,Secretary,nandi County Assembly Service Board 73.It was the Claimant’s case that in April, 2024 he received a letter from the Clerk, County Assembly, requiring him to respond to a letter from a Member of the County Assembly (MCA). The letter is reproduced below:County Government Of NandiNandi County Assembly2nd April 2024Mr. Laban Kipchirchir YegoID.No.2XXXXX80PF.No.20XXXXXXXX5Dear Laban,RE: Committtee Duties-sports Talent And Youth DevelopmentThis is to inform you that the Office of the Clerk is in receipt of a number of concerns from the Sports Talent and Youth Development Committee which you are responsible to as a Committee Clerk Assistant. The specific allegations raised are that you have been:a.Discussing the Committee Issues with the public against the rules of the committee;.b.Doing your duties as you wish;c.Not being respectful to the Committee Members andd.Discussing Hon. Members' Issues with the Public.In view of the above, the management is seeking your response to the allegations raised. In this regard, you are required to submit a written response to each of the issues raised within 7 days from the date of this communication. Your response will inform further decisions by the County Assembly Staff Advisory Committee.Kindly Sign Overleaf to acknowledge receipt of this communication.SignedYours faithfullyMr. Barnaba G.K. Kosgei,Clerk – Nandi County AssemblyCounty Government Of NandiNandi County Assembly 74.The letter attached from the CEC is reproduced below:The Clerk,Nandi County Assembly,O BOX 673,KapsabetDear Sir,Att:committee Clerk-laban Boit;Sports Talent And Youth DevelopmentI write to register my displeasure on behalf of the Committee on the above subject matter, that the Committee Clerk has been;1.Discussing the Committee issues with the Public which is against the rules of the Committee2.The Committee Clerk has been doing his work as per his wish3.The Committee Clerk has no respect among other issues4.Discussing on Honorable members issues with the PublicWe therefore ask you to suspend him from the Committee on Sports and post us another Committee Clerk.Thanks in advance.Regards,SignedHon.silas KogoChairperson Sport,youth And Talent DevelopmentCc Legal, Legislative and Procedural Services 75.It was the Claimant’s case that he responded to the letter and thereafter received no further communication in respect thereto. 76.On 1st August, 2024 the Claimant received 2 letters, one from the County Secretary redeploying him and the other from the Clerk of the County Assembly informing him of conclusion of his secondment. It is these two letters that precipitated the instant suit. 77.The issues for determination are therefore the following:a.Was the Claimant on secondment or on transfer?b.Depending on the answer to the first issue, was the redeployment of the Claimant valid?c.What orders should issue? 76.Secondment is provided for in section 42 of the Public Service Commission Act as follows:42.Secondment(1)The authority to second a public officer shall vest in the Commission and shall be carried out on the request of an authorised officer or a public officer.(2)Unless there is an agreement to the contrary, the public body or the organization to which a public officer is seconded shall bear all the costs, remuneration, allowances and other benefits due to the officer during the period of secondment.(3)Where it is no longer necessary for a public officer on secondment to remain seconded and the secondment period has not lapsed, the public officer shall be entitled to revert to the public office held before the secondment.(4)The Commission shall not approve secondment of a public officer, if—(a)the public officer to be seconded has not served in the public service for at least three consecutive years after the initial appointment;(b)the public body or organization to which the public officer is to be seconded presents a conflict of interest with the public office held by the public officer or the core functions of the public body in which the public officer is employed;(c)the public officer may be exposed to undesirable experience in view of the core functions of the organization to which the public officer is to be seconded ; or(d)the secondment, if permitted, would bring the public service or the public officer into disrepute.(5)An authorised officer or other lawful authority shall not approve a request for secondment unless the Commission has approved the secondment in writing.(6)The period of secondment shall vary from case to case depending on the overall assessment under this Act but shall not in any case exceed the prescribed period:Provided that a public officer who intends to remain on secondment after the expiry of six consecutive years, shall retire from the public service with accrued retirement and other terminal benefits in accordance with the relevant law or agreement. 78.Section 73 of the County Governments Act provides for secondment as follows:73.Secondments(1)The national government shall put in place measures to protect its public officers on secondment to the counties from loss or disadvantage with respect to pension benefits, gratuity or other terminal benefits.(2)Unless there is an agreement to the contrary, it shall be the responsibility of the national government to pay the salaries, remuneration, allowances and other benefits due to the staff seconded to a county government during the transition period.(3)If for any reason it is not necessary for an officer on secondment to remain seconded and the secondment period has not lapsed, the officer shall be entitled to revert back to the public office held before secondment.(4)The County Public Service Board shall not allow a public officer to proceed on secondment if it is not in the interest of the public officer or the concerned county public service.(5)The County Public Service Board making a decision on secondment shall not allow the secondment unless it has considered the representation by the concerned authorized officer or head of department. 79.All the witnesses who testified on behalf of the Respondents stated that the secondment of the Claimant was governed by the Public Service Regulations on Secondment. 80.Regulation B.33 of the Public Service Regulations 2016 which was applicable at the time of the Claimant’s deployment to the County Assembly provides for secondment as follows:Secondment B.33(1)Secondment of officers from the Public Service to other organizations is applicable to pensionable officers, for a period not exceeding three (3) years and may be renewable once.(2)Approval for secondment for officers moving from the Civil Service to other public administrations shall be the responsibility of the Ministry responsible for Public Service.(3)Approval for secondment for officers moving from the other public administrations to the Civil Service shall be granted by Public Service Commission.(4)Secondment of officers from the civil service to other organizations shall be authorized only in cases where an officer is joining an institution that has not been declared a ‘Public Service’ for pension purposes.(5)To maintain an officer’s pensionable status, the officer or the organization to which the officer is seconded will be required to make pension contribution at the prevailing rate. Where the organization pays the pension contribution for the officer, such amount shall be deducted from the officer’s service gratuity.(6)Officers on secondment will be paid their salaries and other allowances by the organizations in which they are deployed.(7)Secondments of officers in the Public Service will be regulated in the context of the relevant pension legislation.(8)Officers on secondment to other organizations will be eligible for promotion in the Civil Service. 81.Further, there are Guidelines on Secondment in the Public Service which the Respondents referred to and relied on. The Guidelines define secondment as “… a temporary movement or ‘loan’ of an employee to a different organization. Secondment means an arrangement in which a pensionable employee is temporarily released from an organization within the public service to another organization which does not have reciprocal pension arrangements, to provide critical skills or acquire new skills while preserving the pension rights of the employee.” 82.The Guidelines further provide under paragraph 2.0 General Provisions - that “iii) Secondment of officers to other Public Service organizations shall be for a period not exceeding three (3) years, nonrenewable;” 83.Further, that vi) Officers or organizations to which officers are seconded shall remit pension contribution to the Director of Pensions at 31% of their Civil Service basic salary, or the prevailing rates during the period of secondment, to avoid loss of pension or delays in processing of pension dues upon retirement. Where the organization pays the pension contribution for the officer, such amount shall be recovered from the officer’s service gratuity;” 84.Further that “viii) Where an officer on secondment commits an act which is a breach of discipline, the case shall be handled by the organization to which the officer is seconded and the recommendations and decisions thereof forwarded to the parent Ministry/Organization for further action in line with the prevailing regulations;” 85.And that “ix) Officers on secondment to other organizations shall be eligible for promotion in the Civil Service;” 86.The roles of the Line Manager/Head of Department (HoD) and the Head of Human Resource (MHRMAC) is provided for as follows:4.0 Roles and Responsibilities4.1 Line Manager/Head of Department (HoD)i)To ensure that the individual is aware of, and understands the Secondment policy and procedure;ii)To give due consideration to requests for secondment;iii)To recommend approval of the individual’s application to the Ministerial Human Resource Management Advisory Committee (MHRMAC). Recommendation for approval will be subject to the over-riding requirement that there would be no adverse impact on the capacity to meet operational requirements;iv)To liaise with Human Resource (HR) to agree on start date, secondment period, and related terms and conditions of service;v)To make arrangements to cover the seconded officer’s work during the secondment period;vi)To maintain contact with the seconded officer throughout the period;vii)To liaise with HR to ensure that the payroll section are advised of the secondment arrangement; andviii)To ensure that the individual is supported on their return to their substantive post (if appropriate).4.2 Head of Human Resource/MHRMACi)To give due consideration to requests for secondment. Approval will be subject to the over-riding requirement that there would be no adverse impact on the capacity to meet operational requirements;ii)To liaise with the host organization to agree on start date, secondment period, and related terms and conditions of service; andiii)To ensure that secondment agreements are carefully monitored throughout the length of the existence of the arrangements. 87.The Respondents obviously did not comply with these provisions. The Claimant was never issued with any letter of secondment. He was never informed of the terms of the secondment. 88.From the evidence on record, it is apparent that from 1st August, 2018 when the Claimant’s pay point was transferred to the County Assembly, the 2nd Respondent treated the Claimant as if he had been absorbed into the service of the County Assembly Service Board and treated him like all other employees. He was given the county assembly staff mortgage, he joined the pension scheme and medical scheme of the county assembly, he was promoted within the structures of the county assembly and he was transferred from one department to another within the county Assembly. 89.The letter dated 30th October 2017 from the County Assembly requesting for secondment of an Administrative Officer, Speaker’s Office specifically stated that “In the process of restructuring operations at the county assembly, the above vacancy arose.” There was a vacancy at the County Assembly. 90.The Claimant stated that he was invited for an interview with 3 others and thereafter informed that he should report to the Speaker for deployment. Upon reporting he served a probation period of 9 months during which he was paid salary and benefits by the County Executive. Upon conclusion of probation he was absorbed into the County Assembly service, joined the pension and medical scheme for county assembly, was re-designated and promoted by the County Assembly Service Board. 91.The Claimant’s letter of promotion dated 24th April 2020 states in part that “Thereafter, further progression will be determined by the Nandi County Assembly Service Board based on your performance and in accordance to the existing Nandi County Assembly Schemes of Service.” 92.The letter of re-designation dated 29th December, 2022, further states: “Thereafter, further progression will be determined by the Nandi County Assembly Service Board based on your performance and in accordance to the existing Nandi County Assembly Schemes of Service. 93.Both letters are signed by the Clerk of County Assembly Mr. Barnaba G.K. Kosgei, who is the Secretary, Nandi County Assembly Service Board. They refer to the placement of the Claimant in the Nandi County Assembly Schemes of Service. 94.Most significantly, the worked at the county assembly uninterrupted for more than 7 years, without a letter of secondment. 95.From the record, the first time any letter addressed to the Claimant referred to secondment was in August, 2024 when he received letters purporting that he had completed his secondment and releasing him back to the County Government. 96.It is relevant that the redeployment back to the County Executive came soon after the letter from the County Assembly Clerk relating to a complaint by an MCA. 97.Section 10 of the Employment Act requires that employers issue employment particulars to employees including the different places where an employee is expected to work. Section 13 provides for changes in employment particulars as follows:13.Statement of changes(1)If, after the material date there is a change in any of the particulars required under sections 10 and 12, the employer shall give to the employee a written statement containing particulars of the change.(2)For the purposes of subsection (1)—(a)in relation to particulars which are included or referred to in a statement given under section 10 otherwise than in instalments, the material date is the date to which the statement relates;(b)(c) in relation to a matter particulars of which—(i)are included or referred to in an instalment of a statement given under section 10; or(ii)are required by section 11(4) to be included in a single document but are not included in an instalment of a statement given under section 10 which does include other particulars to which that provision applies, the material date is the date to which the instalment relates; and in relation to any other matter the material date is the date by which a statement under section 10 is required to be given.(3)A statement under subsection (1) shall be given at the earliest opportunity and, in any event, not later than—(a)one month after the change in question; or(b)where that change results from the employee being required to work outside Kenya for a period of more than one month, the time when the employee leaves to start work if that is earlier.(4)A statement under subsection (1) may refer the employee to the provision of a document which is accessible to the employee for a change in any of the matters specified in section 10(3)(ii) and (iii) and section 12(1)(a) and (c).(5)A statement under subsection (1) may refer the employee for a change in either of the matters specified in section 10(3)(e) to the law or to the provisions of any collective agreement directly affecting the terms and conditions of the employment which is reasonably accessible to the employee.(6)Where, after an employer has given to an employee a statement under section 10 either—(a)the name of the employer is changed without any change in the identity of the employer; or(b)the identity of the employer is changed in circumstances in which the continuity of the employee’s period of employment is not broken, and subsection (7) applies in relation to the change, the person who is the employer immediately after the change is not required to give to the employee a statement under section 12 but the change shall be treated as a change within subsection (1).(7)Subsection (6) applies in relation to a change if it does not involve any change in any of the matters, other than the names of the parties, particulars of which are required by sections 10 and 11 to be included or referred to in the statement under subsection (1).(8)A statement under subsection (1) which informs an employee of a change referred to in subsection (6)(b) shall specify the date on which the employee’s 98.From the foregoing it is my finding that although the Respondents originally intended that the Claimant be seconded from the service of the County Executive to the County Assembly Service Board, no secondment as provided for in law took place. From the evidence on record, the Claimant was informally transferred from the 1st Respondent to the 2nd Respondent without compliance with any of the prescribed provisions for secondment. 99.Upon the Claimant reporting to the 2nd Respondent, he was assimilated into the service of the 2nd Respondent and treated as all other employees of the 2nd Respondent until April, 2024 when there was a complaint against the Claimant by an MCA. It is then that the 2nd Respondent decided to “return” the Claimant to the 1st Respondent. The immediate return without prior notice implied that the “return” or redeployment was being used as punishment to the Claimant. 100.The terms of secondment are not compatible with the circumstances of the Claimant for the following reasons:First, there is no evidence that the 1st Respondent complied with section 73 of the County Governments Act. Secondly, the Claimant was never seconded as there is no letter issued to him to that effect. Thirdly, there is no evidence that he was informed and agreed to be seconded. Fourth, there were no terms of secondment agreed upon between the 1st and 2nd Respondents in respect of start date, secondment period, and related terms and conditions of service. Fifth, the secondment policy provides that secondment shall not exceed 3 years. The Claimant worked with the 2nd Respondent for about 7 years before it purported to send him back to the 1st Respondent.Sixth, the Claimant was severally promoted by the 2nd Respondent and would lose the benefits of such promotion. In effect the termination of the secondment would be a demotion as he would be required to go back to a position he held more than 7 years back, yet he did not request for the secondment, and no arrangements were made to place him in the position he would have risen to had he not been seconded. He would thus be worse off than his colleagues who were not seconded.Seventh, the Claimant would lose the benefits that he had enjoyed for more than six years and would have a gap in his career development within the County Public Service. 101.From the evidence adduced in court, the Respondents have throughout these proceedings treated the Claimant as if he caused the circumstances that he now finds himself in and should bear the consequences of the same yet it is the Respondents who bungled up the intended secondment by failing to comply with the prescribed requirements. The Claimant should not be made to suffer for the mistakes of the Respondents. The Respondents cannot take advantage of their own mistakes to punish the Claimant. 102.Further, the actions of the Respondents created a legitimate expectation on the part of the Claimant that he had been transferred to the service of the 2nd Respondent. They are estopped from denying the same. 103.I further find that the action taken against the Claimant is tantamount to victimization arising from the complaints by Hon. Silas Kogo MCA and Chairperson, Sports, Youth and Talent Development, Nandi County Assembly. The same is thus contrary to the provisions of Article 236 of the Constitution and section 76 of the County Governments Act. 104.For these reasons I find that the Claimant’s services were transferred from the 1st Respondent to the 2nd Respondent and was treated as such by the 2nd Respondent. I accordingly make the following orders:a.A declaration be and is hereby made that the letters dated 1st August, 2024 issued by the County Secretary and the Clerk of the County Assembly on end of secondment and redeployment to the County Executive are contrary to the constitution of Kenya, 2010, the County Governments Act and contrary to Articles 47, 50(1) and 236 of the Constitution, and are therefore a nullity.b.A declaration be and is hereby made that the Respondents have violated the Claimant’s rights and freedoms set out in Article 10, 25(c), 35, 47, 50 (1) and (2) (b) and 236 of the Constitution of Kenya, 2010.c.A declaration be and is hereby made that within the purview of Article 236 of the Constitution of Kenya, 2010, the Respondents cannot victimize, and demote the Claimant without the due process of law.d.A Declaration be and is hereby made that by operation of the law, the Claimant was employed by the 2nd Respondent.e.An order of certiorari do and is hereby issued to remove into this court and quash the directives issued by the 3rd and 4th Respondents vide their letters dated 1st August 2024 to redeploy the Claimant to the county executive.f.An order of permanent injunction be and is hereby issued to stop the Respondents from initiating the demotion proceedings/directives against the Claimant.g.An Order of mandamus do issue directing the Respondents to unconditionally reinstate the Claimant to his position of employment with the 2nd Respondent without loss of salary, benefits and allowances.h.The 1st and 2nd Respondents shall jointly and severally pay the Claimant’s costs of this claim. 105.Orders accordingly. DATED, DELIVERED AND SIGNED ON THIS 12TH DAY OF JUNE, 2026.M. ONYANGOJUDGE