Grace Kavinya Muimi v Governor, Kitui County & 2 others [2018] KEELRC 1276 (KLR)
The bottom line
#Kenya's Employment Court confirmed a Kitui County Chief Officer could be lawfully fired 'in the public interest' after a fair disciplinary process, dismissing her petition entirely.
What this practically means
#Executive summary
#Key legal issues
#Misjoinder of respondents
No misjoinder; the respondents named were necessary parties
The respondents argued the County Government of Kitui, the actual employer, was not sued. The court held that suing the Governor as Head of the County Government, the County Secretary as Head of the County Public Service and the County Public Service Board was sufficiently representative of the County Government. The respondents could not argue the Governor bears responsibility for the County Government while simultaneously contending he was non-suited.
Authority of the investigation committee and applicable disciplinary procedure
The County Secretary, as authorised officer, had delegated disciplinary power over the petitioner (Job Group S); the procedure under the Human Resource Policies and Procedures Manual was followed
As a Chief Officer appointed under Section 45 of the County Government Act, the petitioner was not subject to the County Public Service Board's disciplinary control over Part VIII appointments. Her discipline fell under the authorised officer, the County Secretary, per Regulation K. The committee investigated, reported findings without recommending punishment as required by K5(3), and the petitioner was heard.
Whether termination was unfair and for valid reason
Termination was fair procedurally and for valid reason
The petitioner was interdicted, summoned before the investigation committee and given an opportunity to defend herself. The committee found poor working relations with her CECM, construction of a hotel on industrial-zoned land without change of user and encroachment on a road reserve. These were sufficient grounds. Termination in public interest is a normal termination where the reason protects the public interest.
Applicability of the Employment Act to a Chief Officer
Sections 41, 43 and 45 of the Employment Act were not relevant; the terms of service of a Chief Officer are governed by the Constitution, contract and Public Service Regulations
The court held that the terms of service of a Chief Officer are not governed by the Employment Act but by the Constitution, the officer's contract and Public Service Regulations relating to discipline and removal. Consequently authorities on the Employment Act and on the pleasure doctrine as between Governor and Chief Officer were distinguished.
Legal principles established
#- The County Public Service Board has disciplinary control only over offices it established under Section 57 of the County Government Act, not over offices created by the Act itself (County Secretary, CECM, Chief Officer)
- Termination of employment in the public interest is simply a normal termination where the reason gravitates around protection of the public interest; the label does not affect validity if valid grounds exist
- Suing the Governor as Head of County Government, the County Secretary as Head of County Public Service and the County Public Service Board is sufficiently representative of the County Government
Court orders
#- 1.The petition was dismissed - the termination of the petitioner's employment was found fair procedurally and for valid reason (no prayers granted)
- Jurisdiction invoked
- Constitution of Kenya 2010, Articles 10, 22(1), 41, 47 (petition alleging violation of constitutional rights in employment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Grace Kavinya Muimi v Governor, Kitui County & 2 others [2018] KEELRC 1276 (KLR)", Case Analysis (2018). Petition (Kitui County employment petition, number not stated in judgment text provided). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1276/eng@2018-08-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.