Timothy Omollo & 79 Others v Kakamega County Government & Kakamega County Public Service Board [2013] KEELRC 574 (KLR)
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
#Key legal issues
#Employment status of the claimants after the transition to county governments
The claimants, as former Municipal Council of Kakamega employees, became employees of the Kakamega County Government on devolution
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.
Whether the respondents could remove the claimants from the payroll without due process
No; any termination or abolition of office must follow due process and natural justice
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.
Whether the applicants were entitled to the interim remedies sought
The application had merit and interim mandatory injunctive relief and payment of unpaid salaries were granted
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.
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.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.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.The respondents to pay costs of the application
- 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.
- Fredrick Odhiambo Ndede v Makueni County Public Service Board & another [2015] KEELRC 236 (KLR)[2015] KEELRC 236 (KLR)8 Oct 2015applied
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.