Nyamu v Ministry of Water, Sanitation and Irrigation & 2 others (Petition E043 of 2022) [2023] KEELRC 3411 (KLR)
The bottom line
#A Kenyan court ruled that advisors hired to serve a Cabinet Secretary lose their jobs when that Secretary leaves office, though they still get gratuity and a certificate of service.
What this practically means
#Executive summary
#Key legal issues
#Whether the petition met the Anarita Karimi Njeru threshold of precision
The petition met the threshold of reasonable precision; it identified the rights allegedly violated and how they were breached.
The court applied Mumo Matemu, emphasising precision but not exactitude. The petitioner set out the constitutional provisions and explained the manner of breach in the petition and supporting affidavit, so there was no grave procedural impropriety justifying striking out.
Whether the Petitioner's term was limited to the Cabinet Secretary's tenure
Yes. By the letter of offer, the Local Agreement and Regulation 27(9), employment terminated on the earlier of two years or the Cabinet Secretary's exit from office.
Both the letter of offer and the contract incorporated the Public Service Commission Regulations, including Regulation 27(9), which bars an advisor's appointment from extending beyond the requesting State Officer's tenure. The Cabinet Secretary resigned on 7th February 2022, triggering automatic termination of the petitioner's contract.
Whether the termination violated the Petitioner's constitutional rights
No. The termination was lawful and breached no constitutional or statutory provision.
Because the contract terminated automatically upon the Cabinet Secretary's resignation, there was no unfair termination and no violation of Articles 27, 28, 41, 47 or 48. No termination notice was required for a contract ended by effluxion of time or a stipulated event.
Legal principles established
#- An advisor appointed under Regulation 27(9) of the Public Service Commission Regulations 2020 cannot serve beyond the tenure of the State Officer who requested the appointment.
- Fixed term contracts lapse automatically by effluxion of time or on the occurrence of a contractually stipulated event, with no entitlement to a termination notice.
Court orders
#- 1.The Petitioner be paid Gratuity by the 1st Respondent (31% x Kshs. 99,900 x 12) ……………………..Kshs. 371,628.00
- 2.The Petitioner be issued with a Certificate of Service by the 1st Respondent
- 3.Interest on the gratuity at court rates from the date of judgment till full payment
- 4.Petition otherwise dismissed as lacking in merit
- Jurisdiction invoked
- Articles 234(2)(a) and 27, 28, 41, 47, 48 of the Constitution of Kenya 2010; Employment Act 2007; Public Service Commission Regulations 2020 (Regulation 27)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nyamu v Ministry of Water, Sanitation and Irrigation & 2 others (Petition E043 of 2022) [2023] KEELRC 3411 (KLR)", Case Analysis (2023). Petition dated 4th February 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/3411/eng@2023-11-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.