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ELRCDismissedNot stated in the extract· [2019] KEELRC 174 (KLR)

Caroline Wambui Karugo v Murang’a County Assembly Service Board [2019] KEELRC 174 (KLR)

Employment and Labour Relations Court
11 December 2019
NMNzioki wa Makau
2,183 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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A suspended Murang'a County Assembly officer lost her case because she went straight to court instead of first appealing to the Public Service Commission.

What this practically means

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Executive summary

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The Claimant, a procurement officer with the Respondent County Assembly, was suspended in March 2016 without salary pending police investigations into the alleged loss of Kshs. 7,000,000/- in medical cover premiums paid to Benkways Insurance Agency but not remitted in full to Britam Insurance Company Kenya Limited. She claimed the suspension was baseless, an abuse of power, and not preceded by any disciplinary process under the Respondent's Human Resource Manual, and sought a declaration that it was of no effect, reinstatement without loss of benefits, and costs. The Respondent denied being her employer in the alternative contended the suspension was lawful, and maintained that criminal investigations and the pending criminal case (Cr. Case No. 455 of 2016 at Murang'a) should be allowed to conclude; it also argued the Claimant ought to have appealed to the Public Service Commission. The Claimant testified but the Respondent did not attend the hearing; adjournment pending the criminal trial was refused. The court held the Claimant was validly under suspension pursuant to the HR manual, which permits suspension on half pay for the duration of a criminal trial. However, the decisive ground was exhaustion of remedies: under Section 77 of the County Governments Act, disputes arising from County Service Board decisions must be taken to the Public Service Commission, and that mechanism is mandatory. Following Shem Okora Onywera v Kisii County Government & Another, the court found the claim prematurely presented and untenable. The claim was dismissed with no order as to costs.

Key legal issues

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01

Exhaustion of internal statutory remedies under Section 77 of the County Governments Act

Holding

The claim was prematurely presented and untenable because the Claimant should have sought reversal of her suspension through the Public Service Commission

Reasoning

The court found the Claimant validly under suspension per the HR manual, but held her suit premature because Section 77 of the County Governments Act provides a dispute resolution mechanism for County Service Board decisions that must be pursued first. Relying on Shem Okora Onywera, the court held the mechanism is mandatory, not optional, as the Legislature could not intend it to be rendered redundant by party choice.

p. 3

Legal principles established

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  • Where a clear procedure for redress of a grievance is prescribed by Constitution or statute, that procedure must be strictly followed before resorting to court

Court orders

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  1. 1.The claim is dismissed
  2. 2.No order as to costs

Authorities

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Legislation

  • County Governments ActSection 77
  • Employment ActSection 49(4)

Cases cited (9)

  • Nicholus Muasya Kyula v Farmchem Limited
    [2012] eKLR
  • Faith Njoki Muthee v G4S Security Services (Kenya) Limited
    [2016] eKLR
  • Parliamentary Service Commission v Christine Mwambua
    [2018] eKLR
  • Shem Okora Onywera v Kisii County Government & Another
    [2018] eKLR
  • Donald C. Avude v Kenya Forest Service
    [2015] eKLR
  • Moses Kasaine Lenolkulal v Director of Public Prosecutions
    [2019] eKLR
  • Patrick Njuguna Kariuki v Del Monte (K) Ltd
    [2012] eKLR
  • Mathew Kipchumba Kosgey v Baringo Teachers SACCO
    [2013] eKLR
  • Dennis Nyagaka Ratemo v Kenya Film Commission & Another
    [2014] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment claims; suspension pending criminal process assessed against Section 77 of the County Governments Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Caroline Wambui Karugo v Murang’a County Assembly Service Board [2019] KEELRC 174 (KLR)", Case Analysis (2019). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/174/eng@2019-12-11

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.