Wangia v County Government of Kakamega County (Employment and Labour Relations Claim 15 of 2023) [2023] KEELRC 2204 (KLR)
The bottom line
#Kenya's Employment Court confirmed that a county executive committee member's job automatically ends when the appointing governor leaves office, so the termination was lawful.
What this practically means
#Executive summary
#Key legal issues
#Whether the CECM's employment survived the exit of the appointing governor despite a contractual extension to 31st December 2022
No - the term ran concurrently with the appointing governor's term and ceased upon his exit under Article 179(7)
The court found the March 2022 extension irregular on two grounds: it was issued while a valid contract still had over four months to run, and it extended employment beyond the term of the appointing governor, contrary to Article 179(7). Relying on the Court of Appeal decision in Kisumu County Public Service Board v Samuel Okuro, it held the CECM's term is tied to the governor's, so the claimant's appointment ceased on the former governor's exit.
Whether the termination was unfair for lack of due process
No - unfair termination doctrine does not apply to termination by operation of law
Having held the contract expired with the appointing governor's term under Article 179(7), the court held unfairness analysis was inapplicable: the termination was a lawful expiry, effected with payment of one month's salary in lieu of notice. Natural justice violations would vitiate a decision, but no procedural breach arose because the termination flowed from operation of the Constitution rather than a disciplinary dismissal.
Whether the claimant was discriminated against on political or other opinions
No - no evidence of political opinions was adduced, and there is no property right or legitimate expectation in a public office
The claimant alleged colleagues were retained while he was singled out. The court adopted its decision in Sabana v County Government of Kakamega, holding that retention of other CECMs was immaterial once the substantive claim of a valid contract failed, and that no legitimate expectation or property right in a public office can arise. The claimant himself admitted he had no right to serve in the new government and had not applied.
Whether the claimant was entitled to compensation for the unexpired contract term
No - such compensation is not a remedy under section 49 of the Employment Act
The court found that compensation for the remainder of the contract period is not among the remedies provided under section 49 of the Employment Act, which section 50 directs the court to apply. As the contract expired by end of the appointing governor's term under Article 179(7), no basis existed for compensation beyond days worked, and no proof of unpaid dues was shown.
Legal principles established
#- The term of office of a County Executive Committee Member is tied to the term of the appointing governor and ceases when the governor ceases to hold office under Article 179(7) of the Constitution
- Unfair termination doctrine does not apply where the CECM's contract expires by operation of law with the term of the appointing authority
- A contractual extension of a CECM's term beyond that of the appointing governor is inconsistent with Article 179(7) and is a nullity to that extent
Court orders
#- 1.The claim is dismissed in its entirety
- 2.Each party to bear own costs in this petition
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (Employment Act; Constitution Article 179; County Governments Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wangia v County Government of Kakamega County (Employment and Labour Relations Claim 15 of 2023) [2023] KEELRC 2204 (KLR)", Case Analysis (2023). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2204/eng@2023-09-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.