Nyandarua County Assembly Service Board & another v Nyandarua County Assembly & 7 others; John Kieru Wambui & another (Interested Parties) [2021] KEELRC 485 (KLR)
The bottom line
#A Kenyan court ruled this county dispute fell outside the intergovernmental framework but still allowed the parties 30 days to try mediation instead of litigating.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the issues raised by the applicants fall under the inter-governmental relations framework
- 2.Whether the orders sought (stay of proceedings and referral to mediation by the Inter-Governmental Relations Technical Committee) should be granted
Key legal issues
#Whether the dispute falls under the inter-governmental relations framework
The dispute does not fall under the IGRA because it is between individuals/factions within one county and not between levels of government or between two counties
The court traced the long title of the IGRA and section 31, and considered authorities defining an intergovernmental dispute as one between the two levels of government or between county governments. The dispute here concerned the office of the Speaker of Nyandarua County Assembly and factions within one county, which does not equate to a dispute between two different counties or levels of government.
Whether the orders sought should be granted
The court allowed the parties to attempt ADR through the Inter-Governmental Technical Relations Committee within 30 days, notwithstanding that the dispute falls outside the IGRA
Relying on Article 159(2)(c) and (d) of the Constitution, the court held that although the dispute may not fall directly under the IGRA, parties may attempt ADR. To avoid greater miscarriage of justice to the inhabitants of Nyandarua County, the court permitted mediation within 30 days, rather than the 60 days sought.
Legal principles established
#- Disputes under the Intergovernmental Relations Act referred to as disputes between County Governments refer to disputes between two different counties, not factions within one county
- A dispute between individuals and a county assembly does not fall under the IGRA mediation framework
- The fact that a dispute does not fall under the IGRA is not a bar to parties attempting to resolve it through other means of ADR
Court orders
#- 1.Parties allowed to attempt alternative dispute resolution as prayed by the applicants
- 2.Mediation process to be undertaken by the Inter-Governmental Technical Relations Committee within a period of 30 days
- 3.Costs in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court (Procedure) Rules, 2016, Rules 17(1) and 19(1)(2)(3)&(4); Articles 48 and 159(2)(c) of the Constitution
- Consolidated with
- ELRC Cause No. 10 of 2021, ELRC Cause No. 11 of 2021, ELRC Cause No. E012 of 2021 (referred to)
Relief refused
#Stay of further proceedings for 60 days pending mediation with a report to court within 60 days
The court allowed ADR but shortened the mediation period to 30 days and did not grant a formal stay in the terms sought
Order that during mediation, county assembly proceedings be presided over by a member of the Speaker Panel
Claimants submitted this was a fraudulent attempt to review orders issued by the High Court in Nakuru Petition No. E002 of 2021; no such order was made
Costs of the application to the applicants
Costs were made costs in the cause rather than awarded to the applicants
Costs
Costs in the cause.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The envisaged disputes under the IGRA referred to as disputes between County Governments in my view refer to disputes between 2 different counties. The dispute herein however revolves around one county where different factions have disagreements.
The dispute herein being between different individuals and the Nyandarua County Assembly does not in my view fall under the IGRA.
In the circumstances and in order to avoid greater miscarriage of justice to the inhabitants of Nyandarua County I will allow parties to attempt ADR as prayed by the applicants herein.
The mediation process will be undertaken by the Inter Governmental Technical Relations Committee within a period of 30 days. Costs in the cause.
Issues in the judgment
#Judgment refers to 'The 7th & 8th respondents submitted...' although the motion is by the 2nd to 5th Respondents only, suggesting an unexplained reference to parties not before the court
Internal citation error: the Act is described as the Intergovernmental Relations Act, 2021 in the motion but is the Intergovernmental Relations Act No. 2 of 2012 in the judgment
The court frames both issues but only expressly determines the first, moving directly to permitting ADR despite finding the IGRA framework inapplicable
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nyandarua County Assembly Service Board & another v Nyandarua County Assembly & 7 others; John Kieru Wambui & another (Interested Parties) [2021] KEELRC 485 (KLR)", Case Analysis (2021). Notice of Motion dated 13th October 2021 in ELRC Cause (consolidated files including ELRC Cause No. 11 of 2021) - Employment and Labour Relations Court at Nakuru. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/485/eng@2021-11-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.