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ELRCDismissedCause No. 92 of 2014· [2016] KEELRC 291 (KLR)

Joseph Kiprono Koech v County Government of Turkana & another [2016] KEELRC 291 (KLR)

Employment and Labour Relations Court of Kenya at Nakuru
28 October 2016
RSRadido Stephen
764 words in judgment
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The bottom line

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A Kenyan court ruled that a Governor cannot be jailed for contempt over unpaid dues owed to a county public service board employee — sue the right office instead.

What this practically means

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Executive summary

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This is a ruling in an employment cause in which the claimant, who had obtained a judgment in 2014 declaring his employment as Interim Chief Finance Officer legitimate, ordering payment of withheld salary and allowances, and granting a permanent injunction against arbitrary suspension, sought to have the 2nd Respondent, the Governor of Turkana County, committed to civil jail for six months for contempt of the orders issued on 17 October 2014. The Respondents responded not with a replying affidavit but with a motion seeking striking out of the application, and were nonetheless allowed to make oral submissions. The Court examined the County Governments Act, particularly Part VII, which governs the county public service and the functions of the county public service board, and concluded that the Governor, under that statutory scheme, has no power or authority over implementation or compliance with the judgment in respect of employees under the county public service board. The application to cite the Governor for contempt was therefore held to be unmerited and founded on a misapprehension of the statutory framework governing county public service boards and county administration. The Court dismissed the claimant's motion dated 29 July 2016 with costs to the Respondents. Judgment was delivered at Nakuru on 28 October 2016 by Radido Stephen, Judge.

Key legal issues

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Whether the Governor of Turkana County could be held in contempt for non-compliance with a judgment concerning a county public service board employee

Holding

The contempt application against the Governor failed because the statutory framework assigns implementation of such judgments to bodies other than the Governor

Reasoning

The Court analysed Part VII of the County Governments Act, which makes elaborate provision for the county public service and the functions of the county public service board. The Act assigns different roles and functions to different bodies and offices, and outlines the Governor's functions. On that scheme, the Governor has no power over implementation of the judgment regarding county public service board employees, so citing him for contempt was misconceived.

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Legal principles established

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  • A Governor has no power or authority over implementation or compliance with a court judgment in respect of employees under the county public service board

Court orders

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  1. 1.The Claimant's motion dated 29 July 2016 and filed on 10 August 2016 seeking contempt orders against the 2nd Respondent is dismissed
  2. 2.Costs of the application awarded to the Respondents

Authorities

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Legislation

  • Constitution of Kenya2010
  • County Governments ActPart VII
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment disputes underpinned by the Constitution 2010 and the County Governments Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Joseph Kiprono Koech v County Government of Turkana & another [2016] KEELRC 291 (KLR)", Case Analysis (2016). Cause No. 92 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/291/eng@2016-10-28

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