Stanley Murimi Kinyua v County Government of Kirinyaga [2019] KEELRC 497 (KLR)
The bottom line
#A Kenyan court dismissed a county worker's unfair dismissal claim because he skipped the required appeal to the Public Service Commission before suing.
What this practically means
#Executive summary
#Key legal issues
#Existence of a contract of service
There was a contract of service encapsulated in the letter of appointment of 12th February 2015; the appointment was neither illegal, unlawful, illegitimate nor unconstitutional.
The letter referenced 'appointment – clinical officer III' issued by the Secretary to the County Public Service Board on permanent and pensionable terms. The Respondent took elaborate steps issuing authentic appointment and posting letters and confirming arrival of employees, undermining its claim that appointments were illegal. The letter said to countermand the appointment was addressed to chief officers, not the affected staff, and its exhibit was illegible and of no probative value.
Justification of the revocation of employment
The revocation was unjustified because no evidence of the inquiry contemplated under Section 75 of the County Governments Act was displayed.
While the Board had power under Section 75 to recall, cancel or vacate an appointment, such revocation must be for good cause following the statutory inquiry. The Respondent's witness admitted he was not aware whether the Claimant was heard before dismissal. No evidence of an inquiry was produced, so the termination of the contract lacked justification.
Exhaustion of statutory dispute resolution under Section 77 of the County Governments Act
The suit failed because the Claimant did not appeal to the Public Service Commission as provided by Section 77 before filing suit.
The Claimant was appointed under the County Governments Act and was bound to follow the statutory recourse. He was dismissed in 2015, did not appeal, and waited until the day before expiry of the limitation period to file suit. No explanation was given for bypassing the statutory organs, and this lapse barred recovery of relief for the unlawful termination.
Legal principles established
#- An appointment to county public service may be revoked or cancelled but only for good cause, following the inquiry contemplated under Section 75 of the County Governments Act
- Where a statute prescribes a dispute resolution mechanism (here an appeal to the Public Service Commission under Section 77 of the County Governments Act), a party must exhaust it before invoking the court's jurisdiction
- A letter of appointment issued by the County Public Service Board establishes a contract of service
Court orders
#- 1.Suit dismissed
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution and the Industrial Court Act (labour and employment relations disputes)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Stanley Murimi Kinyua v County Government of Kirinyaga [2019] KEELRC 497 (KLR)", Case Analysis (2019). Cause No 207 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/497/eng@2019-11-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.