Kenya County Government Workers Union v The Attorney General & 4 others [2020] KEELRC 271 (KLR)
The bottom line
#The court protected 112 Nairobi county workers from termination over a missed secondment exercise, but let the broader staff transfer to Nairobi Metropolitan Services stand.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court should restrain termination of employees who failed to attend or complete the secondment documentation exercise
Yes, but only in respect of the 112 employees who had not yet collected their secondment letters; the bulk of the exercise had been completed and the interim protection was confined to them pending the Petition
The 3rd Respondent demonstrated that the secondment and deployment exercise was substantially complete, with 6,731 of 6,843 staff having reported and been deployed. In light of that fact, the court found the only live concern was the 112 employees who had yet to collect their letters, and protected them from arbitrary termination pending the hearing of the Petition.
Whether the application had been overtaken by events
Substantially yes - the secondment and deployment exercise had been completed on 9/4/2020, with the 112 outstanding employees free to collect their letters at any time
The 3rd Respondent's Replying Affidavit showed that 6,731 of 6,843 staff collected secondment letters and reported to work, and that the remaining 112 were at liberty to collect theirs at the NMS offices at KICC. This rendered the blanket prayers moot and shaped the narrow relief granted.
Legal principles established
#- Employees who did not attend or complete a secondment documentation exercise should not be terminated, harassed or intimidated pending determination of the substantive petition challenging the secondment
Court orders
#- 1.The 112 employees who did not collect their secondment letters should not be terminated, harassed, intimidated or apprehended pending the hearing and determination of the Petition
- 2.Costs reserved to the Petition
- Jurisdiction invoked
- Article 23(3) of the Constitution, section 12(3) of the Employment and Labour Relations Court Act and Rule 28 of the Employment and Labour Relations Court (Procedure) Rules 2016 (as invoked by the Applicant)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya County Government Workers Union v The Attorney General & 4 others [2020] KEELRC 271 (KLR)", Case Analysis (2020). Petition (with Notice of Motion dated 24/4/2020) - Employment and Labour Relations Court, Nairobi. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/271/eng@2020-10-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.