Kenya Case Law

King’ori v Kenya National Library Services; County Government of Nyeri (Third party)

King’ori v Kenya National Library Services; County Government of Nyeri (Third party) [2025] KEELRC 2118 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E019 of 2024

Judge

ON Makau

The court found that the claimant was entitled to salary arrears as calculated under the applicable CBAs, less amounts already paid. The respondent and the third party failed to expressly allocate liability for pre-existing salary arrears in the IPA executed upon transfer of library functions. Article 187(2) of the Constitution requires arrangements for transfer of resources but does not automatically transfer liabilities unless expressly provided. In the absence of such provision, both the respondent and the third party are held jointly and severally liable for the outstanding arrears. The c…

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• Salary Arrears
• Collective Bargaining Agreements
• Transfer Of Functions
• Joint And Several Liability

Union of Kenya Civil Servants (UKCS) v Nairobi City County Government & 3 others; Office of the Deputy President, State Department of Devolution (Formerly Ministry of Devolution and the Asals) & another (Interested Parties)

Union of Kenya Civil Servants (UKCS) v Nairobi City County Government & 3 others; Office of the Deputy President, State Department of Devolution (Formerly Ministry of Devolution and the Asals) & another (Interested Parties) [2024] KEELRC 815 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E096 of 2023

Judge

B Ongaya

The court found that the recruitment of the petitioner’s members by the 2nd interested party (Public Service Commission) for the Nairobi Metropolitan Services was ultra vires the Deed of Transfer of powers and functions, as Compliance and Enforcement was not among the functions transferred from the County Government to the National Government. The County Public Service Board was not involved in the recruitment, rendering the process unprocedural and illegal. The circulars relied upon by the petitioner did not apply to county governments and could not confer a right to absorption or permanent…

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• Public Service Employment
• Transfer Of Functions
• Fair Labour Practices
• Legitimate Expectation
• Jurisdiction Of County Government
• Procedural Ultra Vires

Nairobi City County Chief - Urban Planning & 2 others v Sunguti

Nairobi City County Chief - Urban Planning & 2 others v Sunguti [2022] KECA 1184 (KLR)

Court

Court of Appeal

Case number

Civil Application E006 of 2022

Judges

W Karanja, AK Murgor, KI Laibuta

The Court of Appeal granted a stay of execution pending appeal against contempt orders, finding the intended appeal arguable and not rendered nugatory.

• Contempt Of Court
• Stay Of Execution
• Constructive Dismissal
• Transfer Of Functions
• Stay-of-execution
• Contempt-of-court

Maina & another v Nairobi City County & another

Maina & another v Nairobi City County & another [2022] KEELC 2294 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E167 of 2021

Judge

LC Komingoi

The court found that the management contract between the Plaintiffs and the 1st Defendant substantially concerned the use and occupation of land, specifically the management and operation of the OTC Jack & Jill toilets. Therefore, the dispute fell within the jurisdiction of the Environment and Land Court as contemplated by Article 162(2)(b) of the Constitution and Section 13 of the ELC Act. The preliminary objection by the 2nd Defendant was dismissed as lacking merit. On the application for a temporary injunction, the court held that the Plaintiffs had established a prima facie case by demons…

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• Temporary Injunctions
• Management Contracts
• Use And Occupation Of Land
• Jurisdiction Of Elc
• Prima Facie Case
• Transfer Of Functions

Julius M. Kilinda, Eliud Dishon Masila, Erastus M. Kitonyo, Stephen K. Mutinda, Mutua Mutui, Titus Mauta, Kilyungi Mwanza, Mumo John, Nyamai Mutinda, Fred M. Musyoka, David Musembi, Peter Ngui, Mwanzi John, Musangi Kilinda, Juma Mulwa, Fredrick M. Musilu, Mutinda Munywoki, Martin John, Kilinda Munyasya, Fred M Kilonzi, Kyalo Kinyili & Peter M. Musyimi (Suing as Members of Ngao Ya Kathatu Welfare Society) v Phares Mwangi Njoroge & County Government of Nairobi City

Julius M. Kilinda, Eliud Dishon Masila, Erastus M. Kitonyo, Stephen K. Mutinda, Mutua Mutui, Titus Mauta, Kilyungi Mwanza, Mumo John, Nyamai Mutinda, Fred M. Musyoka, David Musembi, Peter Ngui, Mwanzi John, Musangi Kilinda, Juma Mulwa, Fredrick M. Musilu, Mutinda Munywoki, Martin John, Kilinda Munyasya, Fred M Kilonzi, Kyalo Kinyili & Peter M. Musyimi (Suing as Members of Ngao Ya Kathatu Welfare Society) v Phares Mwangi Njoroge & County Government of Nairobi City [2022] KEELC 1717 (KLR)

Court

Environment and Land Court

Case number

Civil Suit 564 of 2013

Judge

EK Wabwoto

The Environment and Land Court declined to cite Nairobi City County officers for contempt over delayed compliance with 2013 orders, citing transfer of functions to Nairobi Metropolitan Services.

• Contempt Of Court
• Enforcement Of Court Orders
• Transfer Of Functions
• Survey And Mapping
• Contempt-of-court
• Enforcement-of-court-orders

Bernard Barasa Sunguti v Nairobi City County, Chief Officer Urban Planning, Nairobi City County, Chief Officer Information Communication Technology (ICT) & Nairobi City County Government

Bernard Barasa Sunguti v Nairobi City County, Chief Officer Urban Planning, Nairobi City County, Chief Officer Information Communication Technology (ICT) & Nairobi City County Government [2021] KEELRC 91 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 108 of 2020

Judge

AN Makau

The Employment and Labour Relations Court found the respondents in contempt for wilfully disobeying post-judgment orders and fined them Kshs. 500,000.

• Contempt Of Court
• Enforcement Of Judgments
• Public Service Employment
• Transfer Of Functions
• Contempt-of-court
• Judgment-enforcement

Wanjiru Gikonyo v Attorney General & Cabinet Secretary, Housing, Transport & Infrastructure Kajiado County Governor, Kiambu County Governor,Machakos County Governor, Muranga County Governor & Nairobi County Governor (Interested Parties)

Wanjiru Gikonyo v Attorney General & Cabinet Secretary, Housing, Transport & Infrastructure Kajiado County Governor, Kiambu County Governor,Machakos County Governor, Muranga County Governor & Nairobi County Governor (Interested Parties) [2021] KEHC 13380 (KLR)

Court

High Court

Case number

Petition 94 of 2018

The court found that the establishment of the Nairobi Metropolitan Area Transport Authority (NAMATA) was constitutionally anchored in Article 189(2) as a joint authority for cooperation between national and county governments in the performance of shared functions, specifically transport. The court held that the process did not amount to a transfer of functions requiring compliance with Article 187 or sections 24-28 of the Intergovernmental Relations Act, as transport is a concurrent function under the Fourth Schedule. The petitioner failed to demonstrate any infringement of county government…

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• Devolution And Intergovernmental Relations
• Public Participation
• Locus Standi
• Establishment Of State Corporations
• Transfer Of Functions
• Separation Of Powers

Kenya County Government Workers Union v The Attorney General, The Cabinet Secretary Ministry Of Devolution And Planning, Public Service Commission, Nairobi County Government & Nairobi City County Public Service Board

Kenya County Government Workers Union v The Attorney General, The Cabinet Secretary Ministry Of Devolution And Planning, Public Service Commission, Nairobi County Government & Nairobi City County Public Service Board [2020] KEELRC 271 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition 66 of 2020

Judge

HS Wasilwa

The court restrained termination of 112 county workers pending determination of a petition challenging the Nairobi secondment process and related labour concerns.

• Secondment Of Public Officers
• Collective Bargaining Agreements
• Public Participation
• Jurisdiction Of Courts
• Transfer Of Functions
• Disciplinary Procedures

Okiya Omtatah Okoiti v Nairobi Metropolitan Service, Public Service Commission, Attorney General & Nairobi City County Public Service Board; Mohamed Abdala Badi, Fredrick Ouma Oluga, Peter Mutt Mwaniki, Hemorike Omolo Okuta, Lillian Kieni, John Muya, Marion Rono, Samwel Ndiritu Muita, Maureen Njeri & Mike Mbuvi Sonko

Okiya Omtatah Okoiti v Nairobi Metropolitan Service, Public Service Commission, Attorney General & Nairobi City County Public Service Board; Mohamed Abdala Badi, Fredrick Ouma Oluga, Peter Mutt Mwaniki, Hemorike Omolo Okuta, Lillian Kieni, John Muya, Marion Rono, Samwel Ndiritu Muita, Maureen Njeri & Mike Mbuvi Sonko [2020] KEELRC 512 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition 52 of 2020

Judge

HS Wasilwa

The court held it was not functus officio, found compliance with its earlier directions, lifted the declaration of illegality over Nairobi Metropolitan Services, and upheld the staff deployment orders.

• Public Service Secondment
• Transfer Of Functions
• County Government Structure
• Public Participation
• Jurisdiction And Functus Officio
• Establishment Of Public Offices

Okiya Omtatah Okoiti & Wycliff Gisebe Nyakina v Attorney General, Transition Authority, Council of Governors, Kenya Union of Nurses, Commission for the Implementation Of the Constitution, Kenya Medical Practitioners, Pharmacists & Dentist Union & Katiba Institute

Okiya Omtatah Okoiti & Wycliff Gisebe Nyakina v Attorney General, Transition Authority, Council of Governors, Kenya Union of Nurses, Commission for the Implementation Of the Constitution, Kenya Medical Practitioners, Pharmacists & Dentist Union & Katiba Institute [2020] KECA 627 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 362 of 2014

Judges

FI Koome, GG Okwengu, S ole Kantai

The Court of Appeal held that the phrase 'national referral health facilities' in Section 23 Part 1 of the Fourth Schedule to the Constitution is not defined in the Constitution or the Schedule, and its content is a matter of policy to be determined by the national government in consultation with stakeholders and through public participation. The Court found that the transfer of health functions and facilities to county governments via Legal Notices No. 137-182 of 2013 was conducted in accordance with the Constitution, the Transition to Devolved Government Act, and after adequate consultation…

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• Devolution Of Health Services
• Interpretation Of Fourth Schedule
• Transfer Of Functions
• Public Participation
• Division Of Powers
• Ownership Of Public Land