Adan & 2 others (Suing on their behalf and on behalf of 76 other aggrieved employees of the respondent) v Wajir Wasco Limited alias Wajir Water & Sewarage Company Limited & another (Petition E076 of 2023) [2023] KEELRC 1243 (KLR)

The Court adopted the holding in Kenya County Workers Union v Bomet Water & Sanitation Company Limited, reasoning that a company limited by shares under the Companies Act is independent of the County Public Service Board. The respondents produced no memorandum or articles showing the company ceded its human resource functions to the Board, and no decision was exhibited that could be subject of an appeal to the Commission.

The Court found that appealable decisions of a water services provider relate to its core functions such as licensing and disconnection decisions concerning water resources and services. The petitioners' dispute concerns employment and salaries, not such decisions. Moreover, subsequent appeals under section 124 lie to the Environment and Land Court, so section 82 cannot divest this Court of jurisdiction over employment disputes.

The respondents argued that the petitioners had petitioned the Wajir County Assembly and that the proceedings were an abuse of process. The Court held that no established provision or principle provides that a petition pending before a County Assembly ousts or bars the Court's jurisdiction over the dispute.

The petitioners exhibited appointment letters by the 1st respondent's board, establishing employment. The respondents alleged fraud and forged letters but exhibited no proof, attempting to shift their burden of proof. Audit reports were investigative only, with no disciplinary proceedings initiated. Public officers enjoy due process protection under Article 236 before removal, so until lawful termination the contracts must be performed, justifying the salary conservatory order. The Court declined to bar the 1st respondent's human resource prerogatives generally.