Stephen Kinyua Njiru v Embu County Government & 2 others [2016] KEELRC 854 (KLR)
The bottom line
#Kenya's Employment Court ruled an Embu County Governor had no legal power to send a county chief officer on compulsory leave—that authority belongs to the County Public Service Board.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELRC over the petition
The Court has jurisdiction notwithstanding that constitutional remedies were sought
Following Seven Seas Technologies and Abdikadir Suleiman, the golden test for jurisdiction is the subject matter of the dispute, not the remedies sought or the procedure used. Employment disputes, including enforcement of fundamental rights under Article 22, fall within the ELRC's jurisdiction under Articles 162(2)(a) and 165(5) of the Constitution.
Verifying affidavit requirement
Order 3 rule 1 of the Civil Procedure Rules did not apply to constitutional petitions
The respondents argued the petition was defective for want of a verifying affidavit. The court held the Civil Procedure Rules requirement on verifying affidavits does not apply to constitutional petitions, which are governed by their own practice and procedure rules, which the petitioner had complied with.
Legality of the compulsory leave imposed by the Governor
The Governor acted without legal authority; disciplinary power over chief officers rests with the County Public Service Board
The 2nd respondent could not identify the legal provision empowering him to impose compulsory leave, which was also unknown to the petitioner's terms of service. Under section 59(1)(c) of the County Governments Act, disciplinary control over county chief officers is vested in the Board; the Governor's general status as chief executive could not override this statutory provision.
Legal principles established
#- The ELRC has jurisdiction over all employment and labour disputes including enforcement of fundamental rights, and not the High Court
- Disciplinary control over county chief officers is vested in the County Public Service Board under section 59(1)(c) of the County Governments Act, not the Governor
- Courts interfere sparingly with employer human resource functions only on established grounds
Court orders
#- 1.Temporary prohibitory injunction restraining the respondents from interfering with the petitioner's discharge of his office duties with full benefits and authority, with stay of implementation of the compulsory leave in the 2nd respondent's letter dated 27.06.2016 pending hearing and determination of the petition
- 2.Declaration that the interested party's disciplinary powers under section 59(1)(c) as read with section 45(2) of the County Governments Act, 2012 are not stayed or varied pending the petition
- 3.Each party to bear own costs of the application
- Jurisdiction invoked
- Articles 162(2)(a) and 165(5) of the Constitution as read with section 12 of the Employment and Labour Relations Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Stephen Kinyua Njiru v Embu County Government & 2 others [2016] KEELRC 854 (KLR)", Case Analysis (2016). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/854/eng@2016-07-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.