Union of Kenya Civil Servants (UKCS) v County Public Sevice Board, County Government of Laikipia & 2 others (Employment and Labour Relations Cause E001 of 2024) [2024] KEELRC 1285 (KLR)
The bottom line
#Kenya's Employment Court told a trade union to first appeal county employment changes to the Public Service Commission, but kept protective court orders in place meanwhile.
What this practically means
#Executive summary
#Key legal issues
#Whether the preliminary objection met the Mukisa Biscuits threshold
It did, as it raised a pure point of law on jurisdiction
The court applied the Mukisa Biscuits test, holding that an objection premised on prematurity and lack of jurisdiction arising from a statutory appeal mechanism raises a pure point of law requiring no ascertainment of facts and can properly be disposed of as a preliminary objection.
Whether the ELRC has jurisdiction over the petition
Yes, the court has original jurisdiction under Articles 22, 23, 162(2)(a) and 165(5) over alleged violations of fair labour practices and fair administrative action
The petition challenged the legality of the County Secretary's decision converting permanent and pensionable employment to fixed-term contracts, which falls within the court's employment and labour relations jurisdiction; the court is therefore seized with original jurisdiction.
Whether the alternative remedy before the PSC must first be exhausted
Yes, section 77 of the County Government Act and section 87(2) of the PSC Act prescribe a mandatory appeal mechanism, but the court may retain interlocutory conservatory orders because the PSC cannot grant such relief
Section 9 of the Fair Administrative Actions Act required exhaustion of the statutory remedy. However, Regulation 13 of the 2022 Regulations reveals a gap: the PSC cannot grant interlocutory/conservatory orders. The petitioner was therefore justified in seeking that relief from the court, while the merits belong to the PSC.
Legal principles established
#- A preliminary objection must raise a pure point of law argued on the assumption that all facts pleaded by the other side are correct
- Under section 9(2) of the Fair Administrative Actions Act a court shall not review an administrative action unless available internal and statutory remedies are first exhausted, save in exceptional circumstances
- Where the statutory alternative forum cannot grant adequate interlocutory/conservatory relief, a party is justified in approaching the court, but the merits remain for the PSC
Court orders
#- 1.Stay of further proceedings in the petition to allow the statutory appeal mechanism before the PSC to be exhausted
- 2.Conservatory/interlocutory orders made on 24th January 2024 to remain in force pending final determination of the appeal before the PSC
- 3.Petitioner granted 30 days to move the PSC for leave to file appeal
- 4.Petition to be mentioned on 18th September 2024
- Jurisdiction invoked
- Articles 22, 23, 162(2)(a) and 165(5) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Union of Kenya Civil Servants (UKCS) v County Public Sevice Board, County Government of Laikipia & 2 others (Employment and Labour Relations Cause E001 of 2024) [2024] KEELRC 1285 (KLR)", Case Analysis (2024). Not stated in extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1285/eng@2024-05-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.