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ELRCDismissedCause No 1 of 2019· [2020] KEELRC 1900 (KLR)

Evans Kipchumba Lokabei v County Public Service Board Baringo County Government & another [2020] KEELRC 1900 (KLR)

Employment and Labour Relations Court of Kenya at Eldoret
30 January 2020
ANAbuodha Jorum Nelson
1,637 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court confirmed that a job deployment does not upgrade a fixed-term contract to permanent status, so the claim failed.

What this practically means

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Executive summary

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The Claimant, employed by the County Government of Baringo in January 2014 as Economic Advisor and Personal Assistant to the Governor on a five-year fixed term contract, was in 2016 deployed at his own request to the Department of Treasury and Economic Planning as Director Economic Planning. He contended that this deployment was a fresh appointment on permanent and pensionable terms, which effectively terminated the 2014 contract, so that the subsequent ending of his services effective 20th January 2019 was an unlawful and unfair termination. The respondents maintained that the deployment was merely an internal restructuring measure at the Claimant's request, that his five-year contract was maintained and his salary merely reviewed, and that under sections 59, 62 and 67 of the County Government Act only the County Public Service Board could appoint, and only in writing, to the county public service. The parties disposed of the matter by written submissions without oral evidence. The court held that deployment is not synonymous with appointment; inferring a permanent and pensionable appointment from the deployment would circumvent the County Government Act and article 232 constitutional values of fair competition and merit. The deployment was conterminous with the five-year contract, which expired by effluxion of time without renewal. The claim was dismissed, with no order as to costs given the Claimant's diligent service and good faith in seeking judicial clarification.

Key legal issues

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01

Whether deployment amounted to a fresh appointment on permanent and pensionable terms

Holding

Deployment did not amount to appointment; the Claimant remained on his fixed term contract

Reasoning

The Claimant himself had applied to be deployed, not appointed, showing he understood the distinction. Interpreting deployment as constructive appointment would bypass the statutory requirements for appointment under the County Government Act and the constitutional values of fair competition and merit in article 232. The Board alone holds the mandate to appoint, and no written appointment varying his terms existed.

p. 2
02

Whether expiry of the fixed term contract constituted unfair termination

Holding

No unfair termination; the contract ended by effluxion of time and the claim was dismissed

Reasoning

The only appointment letter was that of 15th January 2014 for a fixed term of five years ending January 2019. The deployment was conterminous with that contract. Since the contract was never renewed, the Claimant ought to have left office upon its expiry and no case for unfair termination was made out.

p. 2

Legal principles established

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  • Deployment is not synonymous with fresh appointment; a deployment within county public service does not convert a fixed term contract to permanent and pensionable terms absent a written appointment complying with the County Government Act
  • Appointments to county public service must be evidenced in writing under section 67 of the County Government Act

Court orders

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  1. 1.The claim is dismissed
  2. 2.No order as to costs - each party to bear their own costs

Authorities

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Legislation

  • Constitution of KenyaArticle 10
  • Constitution of KenyaArticle 232
  • County Government ActSection 59
  • County Government ActSection 62
  • County Government ActSection 67
  • Employment Act
  • Human Resource Policies and Procedures Manual for Public Service
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under Article 162(2) of the Constitution

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Evans Kipchumba Lokabei v County Public Service Board Baringo County Government & another [2020] KEELRC 1900 (KLR)", Case Analysis (2020). Cause No 1 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1900/eng@2020-01-30

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