Gideon Bore & 32 others v Baringo County Public Service Board & 3 others [2016] KEELRC 878 (KLR)
The bottom line
#Kenya's Employment Court ruled that 33 Baringo youth polytechnic instructors must be absorbed on permanent and pensionable terms from July 2015, not short contracts.
What this practically means
#Executive summary
#Key legal issues
#Whether the Petitioners were entitled to absorption on permanent and pensionable terms rather than one-year fixed term contracts
Yes. The County Public Service Board was bound by the intergovernmental forum resolution of 2 December 2014 to absorb ESP staff, including the Petitioners, on permanent and pensionable terms with effect from 1 July 2015, and could not impose one-year contracts.
The Petitioners, as Youth Polytechnic Instructors, fell under the devolved function of vocational training. At an intergovernmental consultative forum of 2 December 2014 attended by all stakeholders, including the Council of Governors, it was resolved that ESP staff be absorbed on permanent and pensionable terms from 1 July 2015. The 1st Respondent, being represented through the Council of Governors, was bound by that resolution and offered no lawful justification, such as demonstrated budgetary engagement with the Treasury, for departing from it.
Whether the out-of-court settlement offering absorption from 1 July 2016 displaces the 1 July 2015 effective date
Only with Petitioners' acceptance; otherwise absorption must be backdated to 1 July 2015.
The further affidavit exhibited an offer by the 1st Respondent to appoint the Petitioners on permanent and pensionable terms from 1 July 2016. The Court held that absent acceptance by all Petitioners of that later effective date, the absorption should take effect from the forum resolution date of 1 July 2015.
Whether the Petitioners qualified for appointment to grade J under the Scheme of Service
The Court noted the Petitioners did not demonstrate possession of the specific requirements for grade J (Training of Trainers Certificate and a Diploma).
Before concluding, the Court observed that the Scheme of Service relied on by the Petitioners provided job group H as the entry grade, and grade J carried specific requirements including a Training of Trainers Certificate and a Diploma, which the Petitioners had not demonstrated they possessed. This was noted without altering the relief granted.
Legal principles established
#- A county public service board is bound by resolutions of an intergovernmental consultative forum at which county governments were represented, and cannot lawfully decline to absorb staff on permanent and pensionable terms absent budgetary engagement with the Treasury.
Court orders
#- 1.Declaration that the Petitioners are entitled to be absorbed by the 1st Respondent in its regular establishment on permanent and pensionable basis
- 2.Order that the 1st Respondent implement the decision of the Intergovernmental consultative forum made on 2 December 2014 to absorb the Petitioners on permanent and pensionable basis from 1 July 2015
- 3.Petitioners to have costs
- Jurisdiction invoked
- Articles 3, 6, 10, 27, 41, 47 & 50 of the Constitution of Kenya; Sections 5, 9 & 10 of the Employment Act, 2007; Sections 3, 55, 57 & 59 of the County Governments Act; Sections 3 & 4 of the Intergovernmental Relations Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gideon Bore & 32 others v Baringo County Public Service Board & 3 others [2016] KEELRC 878 (KLR)", Case Analysis (2016). Petition No. 10 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/878/eng@2016-07-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.