Patricia Chepkirui Lasoi v Bomet County Government & 2 others [2016] KEELRC 714 (KLR)
The bottom line
#Kenya's Employment Court ruled that a Governor cannot dismiss a county executive member without valid reasons and fair process, awarding her Kshs 4 million.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court had jurisdiction over the Petition
The jurisdictional objection failed; the Respondents' argument that appropriateness of remedy was a jurisdictional issue was misconceived
The Respondents invoked Article 23(3)(e) to argue that because the Petitioner had not sought damages, reinstatement was unavailable, and framed this as jurisdictional. The Court held that the appropriateness of a remedy is not strictly a question of jurisdiction and could not decipher the logic of the contention, concluding the objection was not capable of determination as a jurisdictional issue.
Whether the removal of the Petitioner was lawful and fair under section 31(a) of the County Governments Act
The removal was unconstitutional, unlawful and an unfair labour practice; the reasons advanced were neither valid nor compelling
The Governor relied on section 31(a) permitting dismissal where he considers it appropriate or necessary. The Court held such removal must be measured against Articles 236, 41(1) and 47 of the Constitution. The reasons centred on performance, yet no performance targets, work plans, budgets, evaluation criteria or facilitation were disclosed. The show cause period of one day over Easter was insufficient, and removal through a cabinet re-organisation failed to afford due process protections.
Whether the Court should examine the merits and reasons for removal, not merely the process
Yes; the reasons must be valid and compelling
The Respondents urged the Court to look only at the process of removal and not the merits or reasons. The Court rejected this, relying on the Court of Appeal's decision in Narok County Government v Richard Bwogo Birir, which held that the reasons for dismissal determine whether the power was exercised reasonably and must be valid and compelling. The Court therefore examined the substantive reasons advanced by the Governor.
Appropriate remedies
Declaration of unconstitutionality plus damages equivalent to one year's gross wages (Kshs 4,000,000); certiorari and reinstatement refused
The Court balanced the delicacy of reinstating an Executive against the Governor's electoral mandate, and having issued a declaration declined certiorari and a declaration of continued office. On compensation, the Court noted damages come from public funds; bad faith was not alleged or proved, else the Governor would have been ordered to pay personally. Taking account of gazetted SRC remuneration, damages equivalent to one year's gross wages were awarded.
Legal principles established
#- A governor's power to dismiss a county executive committee member under section 31(a) of the County Governments Act must be exercised for valid and compelling reasons, not at pleasure
- A public officer shall not be dismissed or removed from office without due process of law
- Affording an employee or public officer sufficient time and facilities to respond to a show cause notice is an ingredient of fair administrative action and fair labour practices
- State/public officers may be ordered to personally pay damages and costs for flagrant violation of the Constitution where bad faith is proved
Court orders
#- 1.A declaration that the removal of the Petitioner from office as County Executive Committee member was unconstitutional, unlawful and unfair
- 2.Damages of Kshs 4,000,000/- awarded to the Petitioner (equivalent to one year's gross wages)
- 3.Costs of the Petition to the Petitioner
- Jurisdiction invoked
- Constitutional petition under Articles 23, 41(1), 47 and 236 of the Constitution read with the County Governments Act and the Fair Administrative Action Act; jurisdiction objected to by the Respondents but upheld by the Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Patricia Chepkirui Lasoi v Bomet County Government & 2 others [2016] KEELRC 714 (KLR)", Case Analysis (2016). Petition No 16 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/714/eng@2016-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.