Abigael Nyandoya & 4 others v Clerk County Assembly Vihiga & another [2014] KEELRC 1460 (KLR)
The bottom line
#Kenya's Industrial Court ordered Vihiga County Assembly to pay its staff unpaid salaries, confirming that county assembly workers answer to the Service Board, not the clerk.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants, whose employment letters were signed by the Speaker and Chairman of the County Assembly Service Board rather than the clerk, were bona fide employees entitled to salary arrears
The applicants are bona fide employees entitled to payment of salary arrears; the Board itself resolved that they be paid
The applicants exhibited appointment letters signed by the Speaker and Chairman of the Vihiga County Assembly Service Board. On the court record were Board minutes of 25.8.2014 resolving that the applicants be paid their salaries. The clerk, the authorized officer under section 13(4) of the County Government Act, declined to implement this resolution, even earning a show cause letter. The court held the clerk and staff are employees of the Board acting under its direction and control, so the resolution bound the clerk.
Whether the interlocutory orders sought would compromise or finalize the main suit
They would not, as the main cause seeks orders going beyond those sought in the application
The 1st respondent argued that granting the prayers would compromise the main suit since similar relief was sought there. The court found that the main cause seeks broader orders than the application, so payment of salary arrears pending determination would not finalize the main cause. Interim payment was therefore appropriate without predjudicing the substantive suit.
Legal principles established
#- The clerk and staff of a county assembly are employees of the County Assembly Service Board, acting under its direction and control
- Failure to pay employees their salaries infringes the right to fair labour practices under Article 41 of the Constitution
Court orders
#- 1.Pending the determination of the main suit, the respondents to forthwith pay the applicants their salaries and benefits arrears
- 2.The 1st respondent to pay costs of the suit
- Jurisdiction invoked
- Rule 16(1) of the Industrial Court (Procedure) Rules 2010; Articles 28 & 41(1) of the Constitution of Kenya 2010; Section 18(2) of the Employment Act 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Abigael Nyandoya & 4 others v Clerk County Assembly Vihiga & another [2014] KEELRC 1460 (KLR)", Case Analysis (2014). Not stated in the judgment (application dated 3.11.2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/1460/eng@2014-12-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.