June Mawia Munyao v Kitui County Public Service Board & 3 others [2018] KEELRC 1731 (KLR)
The bottom line
#Kenya's Employment Court ruled a county government and its public service board cannot share one lawyer, and cancelled all deals that lawyer made.
What this practically means
#Executive summary
#Key legal issues
#Conflict of interest in one law firm representing both the County Public Service Board and the County Government
There is a conflict of interest; the same counsel cannot continue representing both entities.
The 1st respondent (CPSB) has a legal obligation to be impartial in disciplinary proceedings between the County Government and officers posted to it by the CPSB, and is expected to act as arbiter between them. Since the County Government and the CPSB are distinct legal entities, joint representation compromises this impartiality. The court found the conflict established and directed the respondents to elect fresh representation within 14 days.
Competence of the Replying Affidavits (place of swearing, authority of deponents, Rule 9 sealing of exhibits)
Only the improperly sealed and marked exhibits are addressed; the other complaints raise contested facts unsuitable for a preliminary objection.
The court held that most of the grounds raised require evidence to establish, citing the definition of a preliminary objection as a pure point of law. The court declined to strike out the affidavits on those factual grounds, but instead set aside consent orders and reopened pleadings so that no party would take advantage of the other.
Effect of impugned instructions of defence counsel on consent orders
All consent orders entered by the impugned counsel were set aside to avoid any party taking advantage of the other.
The court noted the anomaly that the petitioner was enjoying interim orders granted via a consent by defence counsel whose instructions were impugned, but declined to determine the authority issue as a factual matter. Instead it set aside the consent orders, including the interim conservatory orders and the direction for disposal by oral submissions, and reopened the pleadings.
Legal principles established
#- The County Government and the County Public Service Board are distinct legal entities with potentially conflicting roles in disciplinary proceedings and cannot share the same counsel.
- A preliminary objection must raise a pure point of law and not contested factual matters.
Court orders
#- 1.Defence counsel (Chelanga Kihungi & Associates) to stop representing the CPSB and the County Government simultaneously; respondents to choose who to represent them within 14 days
- 2.Set aside all consent orders entered by Mr. Chelanga, including the interim conservatory orders granted on 22.2.2018 and confirmed on 7.3.2018, and the direction that the petition be disposed of by oral submissions on the pleadings
- 3.Pleadings reopened; respondents at liberty to apply for reliefs to normalize their responses once representation is sorted
- 4.Petitioner at liberty to apply for any reliefs she may deem fit
- 5.Parties to take fresh directions on the manner of disposal of the petition and the Notice of Motion dated 20.2.2018
- 6.Costs to abide the outcome of the petition
- Jurisdiction invoked
- Original constitutional petition jurisdiction (petition filed 21.2.2018); no specific article cited in the ruling
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "June Mawia Munyao v Kitui County Public Service Board & 3 others [2018] KEELRC 1731 (KLR)", Case Analysis (2018). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1731/eng@2018-06-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.