Suleiman v County Government of Isiolo & another (Cause 76 of 2015) [2015] KEELRC 1521 (KLR)
The bottom line
#Kenya's Employment Court confirmed it can hear county government dismissal claims directly, even when an appeal to the Public Service Commission exists.
What this practically means
#Executive summary
#Key legal issues
#Whether section 77 of the County Governments Act, 2012 ousted the court's jurisdiction for failure to exhaust the appeal to the Public Service Commission
It did not. The Commission's appellate jurisdiction under Article 234(2)(i) and section 77 applies only to public officers, not state officers, and extends to the merits of decisions, not their legality.
The court reasoned that the Commission on appeal may only set aside or substitute decisions as the primary authority could have made; questions of legality or legitimacy of disciplinary decisions are issues of law that neither the Board nor the Commission can determine on appeal. Since the claimant alleged an illegal, unlawful and unconstitutional oral dismissal, the alternative remedy under section 77 was not available, and directing him there would amount to delayed justice.
Whether the ELRC may entertain fundamental rights and constitutional enforcement claims arising from employment disputes
Yes. The court enjoys jurisdiction to hear employment and labour relations matters alongside claims of fundamental rights ancillary and incidental to those matters.
Relying on Prof. Daniel N. Mugendi v Kenyatta University, its own rulings in Asanyo and Mworia, JSC v Shollei, and Karisa Chengo, the court held that jurisdiction attaches to the subject matter of employment and labour relations under Article 162(2)(a), not to the remedies sought or the procedural route, so Articles 22 and 258 claims ancillary to employment fall within its competence.
Legal principles established
#- Section 77 of the County Governments Act, 2012 does not oust the court's jurisdiction where the challenge is to the legality or constitutionality of a disciplinary decision, since the Commission on appeal cannot determine questions of legitimacy or lawfulness.
- The ELRC's jurisdiction is determined by the subject matter (employment and labour relations), not by the remedies sought or the procedure of moving the court, and extends to fundamental rights breaches ancillary to employment disputes.
- Constitutional or statutory provisions conferring decision-making powers on a public body do not preclude the court from determining whether those powers were exercised in accordance with the Constitution or law.
Court orders
#- 1.The respondent's preliminary objection filed on 3.06.2015 is dismissed with costs
- 2.Parties invited to take directions on the hearing of the main suit
- Jurisdiction invoked
- Article 162(2)(a) as read with Article 165(5) and (6) of the Constitution; Articles 22(1) and 258(1); section 12 of the Employment and Labour Relations Act, 2011
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.
- Mohamed Osman Ahmed v County Public Service Board of Wajir & Wajir County Government[2026] KEELRC 2558 (KLR)23 Sept 2026followed
Cite this brief
#Cite this brief
Caselaw, "Suleiman v County Government of Isiolo & another (Cause 76 of 2015) [2015] KEELRC 1521 (KLR)", Case Analysis (2015). Cause No 76 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1522/eng@2015-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.