Edwin Pchumba Loitangiro v Anthony Ptoo Lochap & 2 others [2021] KEELRC 2367 (KLR)
The bottom line
#Kenya's Employment Court ruled that employees who accept redeployment letters, work in new roles and draw salaries cannot later claim the transfers were victimisation.
What this practically means
#Executive summary
#Key legal issues
#Whether the redesignation was a targeted reprisal for the insurance procurement award
The court found no credible evidence of targeting; the respondent's explanation of restructuring was not rebutted.
The petitioners alleged a purge following the award of the insurance tender to Madison Insurance Limited against the Board's preference for AAR Insurance. The court scrutinised the petition and supporting documents and found no credible material linking the redesignations to the procurement process. The respondent's sworn explanation of a reviewed organogram and restructuring stood unrefuted, so the victimisation claim failed on evidence.
Whether fair hearing/fair administrative action procedures applied to the transfers
No; redeployment under Article 235(1) and section 12(7) of the County Governments Act is an administrative and policy function, not a disciplinary one.
Relying on Article 235(1) of the Constitution read with section 12 of the County Governments Act and section 24 of the County Assembly Services Act, the court held that the power to establish offices and redeploy staff is administrative and policy in character. Since no disciplinary process was underway at the time of transfer, the fair hearing guarantees in Articles 47 and 50 were not triggered.
Whether the petitioners were estopped from challenging the redeployment
Yes; they accepted the positions, performed new roles and drew salaries, and only complained after interdictions unrelated to the transfers.
Applying the equitable doctrine of estoppel by conduct, the court noted the petitioners collected their redesignation letters, signed official documents in their new offices and earned salaries without protest. They did not refute the depositions of Catherine Mukenyang on acceptance. Their challenge arose only upon interdiction for unrelated reasons, making it inequitable to renege on the accepted redeployment.
Whether the organogram was invalidly developed for want of public participation and a reputable human resource firm
The court accepted that the structure was contained in the County Assembly Strategic Plan 2019-2023, underwent public participation and was prepared with the involvement of consultants.
The petitioners contended the July 2020 organogram was neither publicly participated in nor reviewed by a reputable human resource firm as required by section 24(4) of the County Assembly Services Act, and that Kenya Literature Bureau was a publishing house. The respondent adduced evidence of the Strategic Plan, internal memos and procurement documents. The court did not find the petitioners' rebuttal persuasive enough to invalidate the restructuring.
Legal principles established
#- A petitioner seeking a constitutional declaration must identify the specific constitutional articles violated and demonstrate precisely how they were violated
- Redeployment of staff pursuant to a restructuring is an administrative and policy function not attracting the procedural rigours of disciplinary action
- Acquiescence to a redeployment, by assuming duties and drawing salary, estops an employee from later challenging it
Court orders
#- 1.The petition is dismissed
- 2.Costs to the respondents
- Jurisdiction invoked
- Constitutional petition under Articles 41, 47 and 236 of the Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Edwin Pchumba Loitangiro v Anthony Ptoo Lochap & 2 others [2021] KEELRC 2367 (KLR)", Case Analysis (2021). Petition dated 26th November, 2020 (Eldoret ELRC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/2367/eng@2021-10-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.