Kenya County Government Workers Union v Kisumu County Assembly Public Service Board [2014] KEELRC 502 (KLR)
The bottom line
#A Kisumu court stopped the County Assembly Service Board from hiring new staff until it first audited and absorbed employees already deployed from former local authorities.
What this practically means
#Executive summary
#Key legal issues
#Whether the County Assembly Public Board is part of the County Government and properly sued
Yes - the respondents are part and parcel of the County Government under Article 176(1) of the Constitution
Article 176(1) defines a County Government as consisting of a County Assembly and County Executive. The County Government Act decentralizes functions across various bodies. The respondents' argument that they are separate entities under Section 12 of the Act lacked force of law. The Board's decisions affect the running of the entire County Government, so it was properly before the court.
Whether recruitment could proceed without staff rationalization and audit
No - the positions of deployed staff should not be disturbed before rationalization, audit and deployment as advised by the Transition Authority
The Transition Authority's press release of 24.12.2013 advised both levels of government to suspend external recruitment until rationalization was finalized and existing officers deployed, involving capacity assessment, review of structures, workload analysis and staff matching. There was no evidence this advice had been carried out by the respondents or the County Government of Kisumu.
Whether the claimants were entitled to interim injunctive relief
Yes - injunctions issued pending hearing of the suit protecting deployed staff from recruitment and termination without due process
The interested parties remain staff of the County Government of Kisumu deployed to the respondents, and their positions should not be disturbed without following laid-down procedures. The court found for the applicants on the Giella v Cassman Brown principles as submitted.
Legal principles established
#- A County Assembly Service Board is part and parcel of the County Government and its decisions affect the County Government
Court orders
#- 1.Temporary injunction restraining respondents from carrying on with interviews, recruitment or employment of any staff to the County Assembly pending hearing and determination of the suit, before staff rationalization and deployment
- 2.Order directing respondents to first undertake staff rationalization of Kisumu County Assembly staff, determine existing vacancies, and advertise only positions that cannot be filled by current staff from the claimants' membership
- 3.Injunction restraining respondents from terminating or dismissing claimants from employment without following the law and their terms and conditions of employment
- 4.Respondents to bear costs of the suit
- Jurisdiction invoked
- Civil Procedure Act Cap 21 Sections 3A, 63(c) and (e); Order 40 and Order 51 Civil Procedure Rules 2010; County Government Act Sections 62 and 63; Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya County Government Workers Union v Kisumu County Assembly Public Service Board [2014] KEELRC 502 (KLR)", Case Analysis (2014). Not stated in judgment (Notice of Motion dated 11.3.2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/502/eng@2014-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.