Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedCause No. 182 of 2013· [2013] KEELRC 574 (KLR)

Timothy Omollo & 79 Others v Kakamega County Government & Kakamega County Public Service Board [2013] KEELRC 574 (KLR)

Industrial Court of Kenya at Kisumu
18 July 2013
1,687 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

#

Kenya's employment court stopped Kakamega County from sacking 80 former council workers off the payroll, ruling they must first get due process and back pay.

What this practically means

#

Executive summary

#
This is a ruling on a Notice of Motion dated 1 July 2013 in which Timothy Omollo and 79 others, former employees of the defunct Municipal Council of Kakamega, sought urgent interim relief against the Kakamega County Government and the Kakamega County Public Service Board. The claimants deposed that after the 4 March 2013 general election they were deemed transferred to the county government, worked from March to June 2013, were paid only for March and April, were denied duties from June 2013, and were removed from the payroll and replaced on a new payroll without any disciplinary process. Their union's letters seeking explanation went unanswered. The respondents were served and appeared through advocates but were denied audience for failing to comply with the interim stay order granted on 2 July 2013. The court framed two issues: the claimants' position vis-à-vis the respondents, and their entitlement to remedies. Relying on appointment letters, Article 236(b) of the Constitution, Sections 58 and 61(3) of the County Government Act, and Rules 6.6 and 6.14 of the guidelines for governors, the court held that local authority staff automatically became county government staff and remain protected; their employment can only be terminated through due process. The court found the application merited and issued a mandatory injunction against termination without due process, ordered immediate payment of May and June 2013 salaries with continued payment until determination, and awarded costs of the application to the claimants. This is an interlocutory ruling; the main claim remains pending.

Key legal issues

#
01

Employment status of the claimants after the transition to county governments

Holding

The claimants, as former Municipal Council of Kakamega employees, became employees of the Kakamega County Government on devolution

Reasoning

The court relied on appointment letters showing employment under Local Authorities' terms, the Constitution, the County Government Act and the guidelines for governors issued by the Transition Authority, which state that staff of Local Authorities automatically became County Government staff. The court held the country was in a transition period of up to three years during which such staff remain protected.

p. 4
02

Whether the respondents could remove the claimants from the payroll without due process

Holding

No; any termination or abolition of office must follow due process and natural justice

Reasoning

Article 236(b) of the Constitution and Section 61(3) of the County Government Act protect public officers from dismissal or abolition of office without due process, natural justice and adherence to laid-down laws. Only the County Public Service Board may exercise disciplinary control, and even abolition of office is subject to due process unless the officer has been redeployed.

p. 3
03

Whether the applicants were entitled to the interim remedies sought

Holding

The application had merit and interim mandatory injunctive relief and payment of unpaid salaries were granted

Reasoning

Finding that the claimants remain employees of the County Government and can only be separated after due process, the court issued a mandatory injunction restraining termination without following the law, ordered immediate payment of May and June 2013 salaries, continued payment until determination, and costs of the application.

p. 4

Legal principles established

#
  • Staff of former Local Authorities automatically became County Government staff upon devolution and cannot be terminated except in accordance with due process of law
  • A public officer shall not be dismissed or removed without due process of law

Court orders

#
  1. 1.Pending the hearing and determination of the claim, a mandatory injunction to issue against the 1st and 2nd respondents against terminating or dismissing the claimants without following the law and their terms and conditions of employment
  2. 2.The respondents to immediately pay the claimants their salaries for May and June 2013 and to continue paying salary when due until the case is heard and determined
  3. 3.The respondents to pay costs of the application

Authorities

#

Legislation

  • Civil Procedure ActSections 3A, 63(c) and (e)
  • Civil Procedure Rules 2010Order 40 Rules 2, 3, 4 and 8; Order 51 Rules 1, 3 and 4
  • Constitution of KenyaArticle 236(b)
  • County Government ActSections 58, 59, 61, 61(3), 72, 74, 75 and 76
  • Transition to Devolved Government Actthree-year transition period
  • Public Service Commission (Local Authority Officers) Regulation, 2007terms and conditions of service
  • Employment Actreferenced in appointment letters
  • Local Government Actrepealed on announcement of final county election results
  • Guidelines for Governors (Transition Authority)Rules 6.6 and 6.14
  • County Governments Actreferred to as basis of deemed transfer
Jurisdiction invoked
Industrial Court jurisdiction; application under Sections 3A and 63(c) and (e) of the Civil Procedure Act and Order 40 and Order 51 of the Civil Procedure Rules 2010

Key timeline

#

Practical implications

#

Frequently asked questions

#

Later judgments citing this (1)

#

Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

#

Cite this brief

Caselaw, "Timothy Omollo & 79 Others v Kakamega County Government & Kakamega County Public Service Board [2013] KEELRC 574 (KLR)", Case Analysis (2013). Cause No. 182 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/574/eng@2013-07-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.