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ELRCDismissedPetition dated 4th March, 2020· [2022] KEELRC 555 (KLR)

Regina Muthoni Muriithi & 17 others v Chairman and other Members of B.O.M Ngaru Girls High School [2022] KEELRC 555 (KLR)

Employment and Labour Relations Court
9 March 2022
DMD.K.Njagi Marete
1,308 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court ruled that government salary circulars apply only to civil servants, not to school Board of Management employees hired on contracts.

What this practically means

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Executive summary

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Sixteen petitioners, through their union Kudheiha Workers, petitioned the Employment and Labour Relations Court at Nyeri against a school's Board of Management, seeking an order to implement DPM Circular No.MPSY.DPSM.2/6/4A Vol.XI (21) dated 4 June 2018 to all employees, an order against victimisation, and payment of salary arrears from June 2018. They argued that as employees of a public institution they were public servants covered by government circulars on terms of service. The Respondent denied the petition, asserting that the petitioners were its contractual employees, not civil servants; that the circular applies only to Public Service Commission employees; that some petitioners had requested and obtained confirmation on permanent terms with salary increases matching the circular; that several petitioners were no longer employees or strangers to the institution; and that petitioners 14 and 16 never applied for regularisation. The court framed two issues: entitlement to the relief sought and costs. Relying on section 59(p) of the Basic Education Act and on Robert Mongare Ogori v Board of Management Upper Hill School, the court held the petitioners were employees of the Respondent, not civil servants, so the circular did not apply. The petition was dismissed, with each party bearing its own costs.

Key legal issues

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01

Whether the Petitioners were entitled to implementation of DPM Circular No.MPSY.DPSM.2/6/4A Vol.XI (21) and consequent arrears

Holding

No. The Petitioners are employees of the Respondent (BOM) and not civil servants, so the circular does not apply to them.

Reasoning

The court noted the Respondent had invited employees to seek negotiation of terms; some petitioners responded, were confirmed on permanent terms with increased salaries matching the circular, while others did not apply for regularisation. The petitioners' employment is contractual with the BOM under section 59(p) of the Basic Education Act, not under the Public Service Commission. The authority of Robert Mongare Ogori, relied on by the petitioners' own submissions, supports this conclusion. The claim therefore lacked evidential and legal foundation.

p. 3
02

Costs of the cause

Holding

Each party to bear their own costs despite the dismissal of the petition.

Reasoning

The court dismissed the petition but declined to award the Respondent costs as prayed, instead ordering each party to bear its own costs, exercising discretion on costs.

p. 3

Legal principles established

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  • Government DPM salary circulars apply to civil servants under the Public Service Commission and not to employees of a school's Board of Management engaged contractually under the Basic Education Act

Court orders

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  1. 1.Petition dismissed
  2. 2.Each party to bear their own costs of the petition

Authorities

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Legislation

  • Basic Education ActSection 59(p)

Cases cited (4)

  • The Board of Management Kigumo Teachers Training College vs KUDHEIHA WORKERS
  • Dadson Maina & 33 others vs Nyeri Primary School
  • Robert Mongare Ogori & 4 others v Board of Management Upper Hill School & another (2019) eKLR
    (2019) eKLR
  • Fredrick Ouma v Spectre International Ltd (2013) eKLR
    (2013) eKLR
Jurisdiction invoked
Employment and Labour Relations Court original jurisdiction (petition dated 4th March, 2020); no specific constitutional/statutory basis invoked in the judgment

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Regina Muthoni Muriithi & 17 others v Chairman and other Members of B.O.M Ngaru Girls High School [2022] KEELRC 555 (KLR)", Case Analysis (2022). Petition dated 4th March, 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/555/eng@2022-03-09

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