Achuti & 28 others v County Government of Nakuru & another (Employment and Labour Relations Cause E039 of 2022) [2023] KEELRC 2676 (KLR)
The bottom line
#Nakuru county staff fired after a change of governor won compensation because the court found they worked for the county, not the governor personally.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimants were personal staff of the Governor serving at his pleasure
The court found the claimants were ordinary employees of the County Public Service Board, not the Governor's personal staff; none of the appointment letters said so
The court examined the appointment letters and found they were written and signed by the Secretary to the CPSB, the body mandated to establish and abolish offices in the county, on fixed contract terms of 2–3 years with specified salaries and gratuity. None indicated service at the pleasure of the Governor. The respondents' own witness admitted the contracts did not describe the claimants as personal staff and that most contracts had not lapsed. The contention of irregular hiring therefore did not stand.
Whether the termination was substantively and procedurally fair
The termination was unfair and unlawful: no valid reason was given and no hearing accorded before the decision was made
The termination letters were dated 7th October 2022 while the consultative meeting occurred on 11th October 2022, showing the decision preceded the meeting. No reason for termination was indicated and no disciplinary process was undertaken, contrary to sections 41, 43 and 45 of the Employment Act. The respondents in effect admitted termination without due process or valid reasons, so the termination fell foul of the statutory requirements.
What remedies were due
One month's notice pay, contractual gratuity at 31%, and 3 months' salary compensation for unfair termination; other heads refused for want of proof
Notice pay was due as the claimants were terminated without notice. Contractual gratuity at 31% was payable per the appointment letters. Compensation was assessed at 3 months' salary. Claims for overtime, off days, public holidays and leave failed for lack of proof, and payslips evidenced leave payments. Costs were awarded to the claimants.
Legal principles established
#- An employer must, before terminating employment on grounds of misconduct, poor performance or physical incapacity, explain the reason and hear the employee's representations (Section 41, Employment Act)
- A termination is unfair where the employer fails to prove a valid and fair reason and a fair procedure (Section 45(2), Employment Act)
- Fixed-term contracts of county public officers employed by the County Public Service Board do not lapse merely because the Governor's term ends; they can only be terminated in accordance with due process
Court orders
#- 1.Each claimant to be paid 1 month's salary in lieu of notice
- 2.Each claimant to be paid gratuity at 31% as per their contract of employment
- 3.Each claimant to be paid compensation equivalent to 3 months' salary for unfair termination
- 4.Claimants awarded costs of the suit, to be paid by the respondents
- 5.Amounts awarded to be computed and form part of the judgment
- Jurisdiction invoked
- Employment and labour relations jurisdiction under Article 162(2) of the Constitution (court not expressly stated in the excerpt); claim brought under Section 49 of the Employment Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Achuti & 28 others v County Government of Nakuru & another (Employment and Labour Relations Cause E039 of 2022) [2023] KEELRC 2676 (KLR)", Case Analysis (2023). Not stated in judgment (memorandum of claim filed 21st October, 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2676/eng@2023-10-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.