Nancy Waithera Njoroge v County Government of Murang’a & another [2019] KEELRC 2237 (KLR)
The bottom line
#A Kenyan court ruled that county governments cannot stop a public service board member's salary without a hearing, and ordered full back pay.
What this practically means
#Executive summary
#Key legal issues
#Whether the County Government of Murang'a (1st Respondent) was the correct party to be sued instead of the Murang'a County Public Service Board.
Yes - as the Petitioner's appointing authority and employer, the County Government is properly sued even though the Board is a body corporate.
The court found it uncontroverted that the County Government stopped the Petitioner's salary on the instruction of the Board. Although the Board can sue and be sued, it is created under the County Government, and the County Government appointed the Petitioner. Following Grace Kavinya Muimi, the Governor, County Secretary and Board are sufficiently representative parties.
Whether the stoppage of the Petitioner's salary violated her constitutional rights and whether the 2nd Respondent had authority to stop it.
The stoppage violated Article 47 and the Fair Administrative Action Act, and the 2nd Respondent had no authority to stop the salary of a Board member.
No hearing was accorded and no written reasons were given; alleged evidence of absenteeism and failure to declare wealth was never produced, rendering the Respondents' assertions mere allegations. Section 44(3) County Governments Act confers no disciplinary power over Board members on the County Secretary, and Section 58(5) secures members' tenure subject only to Article 251(1). Stoppage of salary is unknown to law as a disciplinary measure.
Whether the Petitioner is entitled to the remedies sought.
Yes - the declaration sought was granted and the salary was ordered restored with all arrears and subsequent salaries until lawful removal.
Having found the stoppage was issued without authority and without due process, the court held it violated the statutory and constitutional provisions safeguarding the Petitioner, entitling her to the declaratory and restorative remedies sought.
Legal principles established
#- A hearing before adverse administrative action is an inviolable constitutional right, and administrative action taken without it is unconstitutional, null and void.
- Stoppage of salary is not a lawful disciplinary measure against a member of a county public service board, who enjoys security of tenure under Section 58 of the County Governments Act and Article 251 of the Constitution.
- No public or state officer is the servant of another; all are servants of the people, so a County Secretary has no disciplinary authority over members of a county public service board.
Court orders
#- 1.A declaration that the stoppage of the Petitioner's salary violated Articles 41, 47, 232 and 251 of the Constitution of Kenya.
- 2.An order directing the 1st and 2nd Respondents to restore the Petitioner's salary, pay any outstanding salaries and pay all subsequent salaries due to her as a member of the Murang'a County Public Service Board until her removal in accordance with the law.
- Jurisdiction invoked
- Constitution of Kenya, 2010 - Articles 23, 41, 47, 232, 236 and 251 as read with the County Governments Act (employment and constitutional petition jurisdiction of the ELRC; specific provision not stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nancy Waithera Njoroge v County Government of Murang’a & another [2019] KEELRC 2237 (KLR)", Case Analysis (2019). Petition No 13 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2237/eng@2019-02-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.