Jude Riziki Kariuki v Tharaka Nithi County Governmet & another [2019] KEELRC 2512 (KLR)
The bottom line
#A county employee who lost her job when the Governor's term ended had her case dismissed for skipping the mandatory Public Service Commission appeal process.
What this practically means
#Executive summary
#Key legal issues
#Employment status of the Claimant notwithstanding alleged irregular appointment
The Claimant was an employee of the county public service because she was issued a letter of appointment by the 2nd Respondent's secretary, even if the appointment was irregular
The court found that the Claimant held a letter of appointment signed by the 2nd Respondent's secretary, which made her an employee of the county public service. The court expressly held that the alleged irregularity of the appointment did not negate her employment status, and that the invocation of the pleasure doctrine to terminate her was untenable given the 2010 Constitution.
Prematurity of the suit for failure to exhaust the Section 77 appeal mechanism
The suit was prematurely filed because the Claimant was bound to first appeal to the Public Service Commission under Section 77 of the County Governments Act
The court held that Section 77 of the County Governments Act imposes a mandatory appeal procedure to the Public Service Commission for aggrieved county public service officers. The procedure leaves no discretion to the aggrieved party to go straight to court. Failure to exhaust it rendered the suit premature and the only fit outcome was dismissal with each party bearing its own costs.
Applicability of the pleasure doctrine to county public service employees
The pleasure doctrine no longer applies following the promulgation of the Constitution of 2010
The Respondents terminated the Claimant on the basis of a regulation that staff serving in the Governor's office would end their services with the Governor's term. The court characterized the reliance on the pleasure doctrine as untenable, since courts have pronounced that the doctrine ceased to exist on 27th August 2010 when the Constitution was promulgated. However, this finding did not save the suit, which was dismissed for prematurity.
Legal principles established
#- The pleasure doctrine as a basis for terminating public officers' employment ceased to exist upon the promulgation of the Constitution of Kenya on 27th August 2010
- The appeal procedure to the Public Service Commission under Section 77 of the County Governments Act is mandatory and admits no discretion to bypass it by moving the court directly
- A person issued with a letter of appointment by the Board's secretary is an employee of the county public service even if the appointment is stated to be irregular
Court orders
#- 1.The suit is dismissed
- 2.Each party will bear their own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act and County Governments Act; suit dismissed for non-compliance with the mandatory appeal procedure under Section 77 of the County Governments Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jude Riziki Kariuki v Tharaka Nithi County Governmet & another [2019] KEELRC 2512 (KLR)", Case Analysis (2019). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2512/eng@2019-01-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.