Kenya Case Law

Mabuka v Speaker, Busia County Assembly & another

Mabuka v Speaker, Busia County Assembly & another [2024] KEELRC 2036 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E003 of 2024

Judge

JW Keli

The court found that while the applicant had already accepted and acted upon the secondment, the risk remained that his substantive position as Clerk of the Busia County Assembly could be filled, thereby rendering the petition nugatory. The court held that, in line with the principles for granting conservatory orders, it was necessary to preserve the substratum of the petition by restraining the respondents from terminating the applicant's contract or recruiting another person to the position pending determination of the petition. The court declined to suspend the secondment itself, noting th…

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• Secondment Of Public Officers
• Constructive Dismissal
• Conservatory Orders
• Procedural Fairness
• Public Service Employment
• Separation Of Powers

Mutuiri v Speaker, Laikipia County Assembly & another

Mutuiri v Speaker, Laikipia County Assembly & another [2024] KEELRC 680 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Petition E012 of 2023

Judge

ON Makau

The court found that the petitioner remained the substantive Clerk of the Laikipia County Assembly, as he had not resigned, retired, or been removed in accordance with the law. The purported declaration of vacancy and advertisement for recruitment to the Clerk's position while the petitioner was on secondment was illegal, irrational, and violated his constitutional and statutory rights, including the right to fair labour practices and fair administrative action. The court held that the secondment of the petitioner to the County Executive and the secondment of a Chief Officer from the County E…

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• Unfair Termination
• Separation Of Powers
• Secondment Of Public Officers
• Procedural Fairness
• Public Service Employment
• Constitutional Rights

Otieno & 3 others v Kenya Revenue Authority

Otieno & 3 others v Kenya Revenue Authority [2023] KEELRC 2668 (KLR)

Court

Employment and Labour Relations Court

Case number

Constitutional Petition E074 of 2023

Judge

B Ongaya

The court found the respondent unlawfully terminated secondment of police officers to KRA without valid reasons or procedure, and awarded each affected officer 10 months’ gross salary plus costs.

• Unfair Termination
• Secondment Of Public Officers
• Fair Administrative Action
• Right To Fair Labour Practices
• Non Discrimination
• Remedies For Breach Of Contract

Kwonyike v Chief of Defence Forces & 2 others

Kwonyike v Chief of Defence Forces & 2 others [2023] KEELRC 2708 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Petition 52 of 2021

Judge

AN Mwaure

The court found that the petition was based on alleged non-payment of salaries and allowances from December 2008 to February 2012, but was filed in March 2021, well outside the statutory limitation period provided under Section 90 of the Employment Act and Section 3 of the Public Authorities Limitation Act. The court held that the underlying claim was contractual and thus subject to limitation, and the petitioner failed to provide any reasonable explanation for the delay. On the merits, the court determined that the petitioner voluntarily accepted secondment to the AU, with clear terms that h…

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• Secondment Of Public Officers
• Limitation Of Actions
• Discrimination In Employment
• Employment Contracts
• Public Service Regulations

Kenduywo v County Government of Uasin Gishu & another

Kenduywo v County Government of Uasin Gishu & another [2023] KEELRC 438 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 306 of 2017

Judge

NJ Abuodha

The court found the claimant’s employment status unclear, denied salary arrears, but declared him an employee from judgment date and ordered a possible transfer letter.

• Secondment Of Public Officers
• Salary Arrears Claims
• Employment Relationship Disputes
• Public Service Transfer
• Procedural Fairness
• Remedies For Breach Of Employment Rights

County Government of Bungoma v Wanandaba & 11 others

County Government of Bungoma v Wanandaba & 11 others [2023] KECA 47 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 121 of 2018

Judges

PO Kiage, F Tuiyott, JM Ngugi

The Court of Appeal held that the respondents were properly seconded public officers under section 138 of the County Governments Act, as vocational and technical training is a devolved function. The appellant was therefore legally obliged to absorb the respondents into its workforce on the same terms as they held under the national government. The court found that the trial court was correct in granting relief compelling the appellant to absorb the respondents, as this was consistent with statutory obligations and established jurisprudence on reinstatement in employment disputes. However, the…

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• Secondment Of Public Officers
• Devolution Of Functions
• Unlawful Termination
• Statutory Obligations Of County Government

Oire v The County Government Of Machakos & another

Oire v The County Government Of Machakos & another [2022] KEELRC 47 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 379 of 2020

Judge

Nzioki wa Makau

The court found that the claimant, as a seconded officer, was subject to disciplinary control by the County Public Service Board, not the Human Resources Advisory Committee or Chief Officer, Medical Services. The disciplinary process against him was initiated by an entity lacking jurisdiction, rendering it null and void. The respondents failed to follow due process, including providing timely notice, a fair hearing, and prompt determination of the disciplinary case. The stoppage of salary and the prolonged, inconclusive disciplinary process violated the claimant's rights to fair labour practi…

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• Unlawful Termination
• Disciplinary Procedure
• Secondment Of Public Officers
• Salary Withholding
• Fair Administrative Action
• Constitutional Rights In Employment

Republic v County Assembly of Kiambu Service Board Speaker, County Assembly of Kiambu & Clerk, County Assembly of Kiambu Ex-parte Gabriel Karimi Muriithi; Kiambu County Public Service Board & County Government of Kiambu (Interested parties)

Republic v County Assembly of Kiambu Service Board Speaker, County Assembly of Kiambu & Clerk, County Assembly of Kiambu Ex-parte Gabriel Karimi Muriithi; Kiambu County Public Service Board & County Government of Kiambu (Interested parties) [2022] KEELRC 817 (KLR)

Court

Employment and Labour Relations Court

Case number

Judicial Review Application E014 of 2021

Judge

DO Ogal

The court found that the Respondents' unilateral decision to permanently transfer the Applicant from the County Assembly of Kiambu to the County Executive, without his consent and without following due process, was unlawful, unreasonable, and in breach of the rules of natural justice. The court noted that the Interested Parties did not require the Applicant's services and had not participated in the decision to transfer him. The court adopted the reasoning and outcome of a previous judgment involving similar facts and parties, holding that the Applicant's fundamental rights and labour rights…

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• Judicial Review
• Secondment Of Public Officers
• Procedural Fairness
• Natural Justice
• Unlawful Transfer
• Remedies For Breach Of Labour Rights

Tonny Oira Bironga, Everlyne Mogere, Johnson Nyandika Moriasi, Rebecca Okari, Nicodemus Nyamweya Morara & Patrick Numbi Mamboleo v County Covernment of Nyamira & County Public Service Board County Covernment of Nyamira

Tonny Oira Bironga, Everlyne Mogere, Johnson Nyandika Moriasi, Rebecca Okari, Nicodemus Nyamweya Morara & Patrick Numbi Mamboleo v County Covernment of Nyamira & County Public Service Board County Covernment of Nyamira [2022] KEELRC 831 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E002 of 2021

Judge

AN Makau

The court found that the claimants were lawfully seconded to the respondents for a three-year term under valid contracts, and their secondment was never lawfully revoked. The purported revocation and subsequent nullification of new appointments did not terminate the original secondment contracts. The claimants rendered services throughout the contract period, as confirmed by the respondents' own release letters thanking them for their service. The respondents' failure to pay salaries and benefits constituted a breach of contract, especially since the County Assembly had appropriated funds for…

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• Secondment Of Public Officers
• Breach Of Employment Contract
• Salary Arrears
• Public Service Procedure
• Certificate Of Service
• Employment Benefits

Patrick Mwanza Lukoko v Public Service Commission

Patrick Mwanza Lukoko v Public Service Commission [2021] KEELRC 2254 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 203 of 2018

The court held that the claimant remained technically an employee of the Public Service Commission and ordered the Commission to resolve his status within 45 days.

• Secondment Of Public Officers
• Constructive Dismissal
• Interdiction And Suspension
• Jurisdiction Of Employer
• Public Service Employment
• Disciplinary Procedure