Nyandarua County Assembly Service Board, Zacharia Mwangi Njeru, Samuel Rimui Kaiyani, Reuben Gitau Karanja, Elizabeth Wanjiku Muthui, Government Printer, Inspector General of Police & Attorney General v Nyandarua County Assembly & 7 others;John Kieru Wambui & Kariuki Muchiri (Interested Parties) (Cause E007,E010 & E011 of 2021) [2021] KEELRC 1687 (KLR)
The bottom line
#Kenya's Employment Court ruled that only a properly constituted county board can hire lawyers, and actions taken in defiance of court orders are void.
What this practically means
#Executive summary
#Key legal issues
#Validity of instructions to advocates representing the County Assembly Service Board
Only instructions issued by a properly constituted board are valid; Githinji Kimamo & Co. Advocates were properly instructed, Kunini & Co. Advocates were not
The court examined how each firm was instructed. The Speaker, who chairs the board under section 46 of the County Assembly Service Act, remained in office by virtue of High Court orders staying his de-gazettement. Any purported appointment of the Deputy Speaker or others pending that petition was illegal and void, so instructions issued through that purported leadership, including the removal of members and engagement of Kunini & Co., were invalid.
Effect of the High Court stay orders on the composition of the Board
The stay of de-gazettement of Hon. James Wahome Ndegwa as Speaker meant no vacancy arose in the office of Speaker/Chairperson of the Board, and purported resolutions appointing the Deputy Speaker were void
The High Court in Nakuru Petition E002 of 2021 issued orders on 15th and 23rd February 2021 staying the de-gazettement of the Speaker pending hearing and determination. The court held that in consequence there was no vacancy, and a section of the county assembly acted in blatant disregard of those orders by purporting to appoint the Deputy Speaker as a member and chairperson of the board.
Whether the Deputy Speaker can deputize the Speaker in the County Assembly Service Board
The Deputy Speaker has no position in the composition of the board and cannot perform the Speaker's role while the Speaker is legally in office
Counsel for Githinji Kimamo argued, and the court accepted implicitly, that section 46 of the County Assembly Service Act places the Speaker as chairperson deputized by a vice-chairperson elected from members appointed by political parties. The role of the Deputy Speaker of the county assembly is unrelated to that of the vice-chairperson of the board, so the Deputy Speaker had no authority to act for the board.
Legal principles established
#- Where a court has stayed the de-gazettement of an office holder, any purported appointment of another person to that office pending determination is illegal, null and void
- Actions undertaken by illegally appointed persons while the rightful office holder remains in office are themselves illegal, null and void
Court orders
#- 1.The firm of Githinji Kimamo & Co. Advocates is declared the firm properly on record for the Nyandarua County Assembly Service Board
- 2.The firm of Kunini & Co. Advocates is not properly on record, having been instructed by a board that was not properly instituted
- Jurisdiction invoked
- Inherent jurisdiction of the Employment and Labour Relations Court over parties' representation before it (cause arising under the County Assembly Service Act, section 46)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nyandarua County Assembly Service Board, Zacharia Mwangi Njeru, Samuel Rimui Kaiyani, Reuben Gitau Karanja, Elizabeth Wanjiku Muthui, Government Printer, Inspector General of Police & Attorney General v Nyandarua County Assembly & 7 others;John Kieru Wambui & Kariuki Muchiri (Interested Parties) (Cause E007,E010 & E011 of 2021) [2021] KEELRC 1687 (KLR)", Case Analysis (2021). ELRC Cause No. E007 of 2021 (consolidated with ELRC Cause E010 of 2021 and ELRC Cause E011 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1687/eng@2021-05-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.