Nelson Muriithi Kinyua v Tharaka Nithi County Government & another [2022] KEELRC 382 (KLR)
The bottom line
#A Kenyan court dismissed a Ward Administrator's unfair termination claim, holding that county employees serving at a Governor's pleasure can lose their jobs when the Governor's term ends.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination by letter dated 8th September, 2017 was unfair and/or unlawful
The court found the termination lawful, holding the Respondents had established lawful termination in evidence and the Claimant failed to discharge his burden under Section 47(5) of the Employment Act
The court accepted the Respondents' case that the Claimant's alleged confirmation to permanent and pensionable terms was fraudulently procured and illegitimate. It held the Claimant's evidence of a contractual engagement was demolished and that, on a balance of probabilities and preponderance of evidence, the Respondents' case overwhelmed the Claimant's, which failed for want of proof. The pleasure doctrine under which staff serving the Governor's office cease service with the Governor's term was held to apply.
Whether the Claimant was entitled to the reliefs sought
No relief was granted as the claim of unlawful termination failed
The court reasoned that entitlement to remedies flowed from success on the unfair termination claim. Having found lawful termination, the Claimant became disentitled to the declaration, reinstatement, outstanding salaries, pay in lieu of notice and leave pay sought.
Costs of the suit
Each party to bear their own costs
Notwithstanding dismissal of the claim, the court declined to award costs to the Respondents and instead ordered that each party bear their own costs of the claim.
Legal principles established
#- The employer bears the legal burden of proving the reason for termination; failure to do so renders the termination unfair
- The employee bears the burden of proving that an unfair termination or wrongful dismissal occurred, while the employer bears the burden of justifying the grounds for termination
- A void act is a nullity requiring no court order to set it aside; proceedings founded on it are equally bad
- Employees serving under the pleasure doctrine serve at the pleasure of the sitting governor and their service lapses with the office
Court orders
#- 1.Dismissal of the Claimant's claim
- 2.Each party to bear their own costs of the claim
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (Sections 41, 43(1), 45 and 47(5) invoked); specific constitutional provision not stated
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nelson Muriithi Kinyua v Tharaka Nithi County Government & another [2022] KEELRC 382 (KLR)", Case Analysis (2022). Memorandum of Claim dated 20th December, 2017 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/382/eng@2022-03-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.