Daniel Wang’ombe Maina & 7 others v Nyeri County Government & another [2018] KEELRC 565 (KLR)
The bottom line
#Eight county workers lost their court case because Kenyan law requires them to appeal to the Public Service Commission before going to court.
What this practically means
#Executive summary
#Key legal issues
#Whether Section 77 of the County Governments Act bars direct recourse to the ELRC for disputes over county public officers' remuneration and terms of service
Yes - such matters fall within the mandate of the Public Service Commission and the suits were struck out
The disputes concerned terms of service touching on remuneration and conversion of terms from contract to permanent and pensionable, which fall squarely within Section 77 of the County Governments Act. Relying on the Court of Appeal's decision in Secretary, County Public Service Board & Another v Hulbhai Gedi Abdille, the court held that the statutory appellate mechanism before the PSC is the appropriate first-instance forum, and the preliminary objection therefore succeeded.
The nature of a preliminary objection
A preliminary objection must be a pure point of law, assuming the facts pleaded by the other side are correct, per Mukisa Biscuit
The Claimants relied on Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd for the definition of a preliminary objection as a point of law pleaded or arising by clear implication from the pleadings, and on John Mathu Ndung'u v B.O.M Ihwa Secondary School where the same court held that where no pleadings are filed such an objection hangs in the air. The court nonetheless found merit in the objection.
Legal principles established
#- Where a statute provides a specialized dispute resolution mechanism, that mechanism must be exhausted before resort to court
Court orders
#- 1.The suits struck out as the matters are for the Public Service Commission to handle in the first instance
- 2.No order as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction; preliminary objection on exhaustion of the appeal mechanism under Section 77 of the County Governments Act, 2012
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Daniel Wang’ombe Maina & 7 others v Nyeri County Government & another [2018] KEELRC 565 (KLR)", Case Analysis (2018). Cause No. 208 of 2018 (with Causes No. 209, 210, 211, 213, 214, 215 and 218 of 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/565/eng@2018-11-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.