Kenya National Union of Nurses v Kirinyaga County Public Service Board; Public Service Commission (Interested Party) (Miscellaneous Application 1 of 2021) [2024] KEELRC 2063 (KLR)
The bottom line
#A Kenyan court ordered Nyeri County to reinstate 188 dismissed nurses but denied the nurses' union legal costs because it disobeyed court orders during the strike.
What this practically means
#Executive summary
#Key legal issues
#Whether the PSC decision of 3rd March 2021 should be adopted and enforced as a decree of the ELRC
The court adopted and enforced the PSC decision of 3rd March 2021 reinstating the 188 nurses, as it remained intact and unchallenged after the judicial review proceedings.
The judicial review proceedings only quashed the PSC review decision of 13th October 2021; the initial decision of 3rd March 2021 was left intact. The appeal mechanism under section 77 of the County Government Act and the PSC Act had been exhausted. The respondent did not cite any law or authority granting the court discretion to reject a PSC decision outside the judicial review process, so the court adopted the decision under section 89(1) of the PSC Act.
Whether the court has discretion to decline enforcement of a PSC decision tainted with error of law
While the court acknowledged the decision was infected with an uncorrected error and that practicability of reinstatement was not evaluated, no authority was cited granting the court discretion to reject a PSC decision outside judicial review.
The court accepted that the PSC acknowledged an error apparent on the record but declined to reverse its decision, and that the PSC failed to evaluate the practicability of reinstatement. However, because the respondent cited no law or authority granting the court discretion to reject a PSC decision outside judicial review, the court nonetheless adopted the decision for enforcement.
Legal principles established
#- Where the internal appeal and review mechanisms under the County Government Act and the PSC Act have been exhausted, the ELRC may enforce the resulting PSC decision under section 89(1) of the PSC Act.
- A PSC decision that has not been quashed on judicial review remains intact and enforceable, even if a later review decision relating to it was quashed.
Court orders
#- 1.The decision of the PSC delivered on 3rd March 2021 is adopted for enforcement as provided under section 89(1) of the PSC Act
- 2.No costs of the application awarded to the applicant because it obtained the decision while in contempt of court orders
- Jurisdiction invoked
- Section 89(1) of the Public Service Commission Act and Article 162(2)(a) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Union of Nurses v Kirinyaga County Public Service Board; Public Service Commission (Interested Party) (Miscellaneous Application 1 of 2021) [2024] KEELRC 2063 (KLR)", Case Analysis (2024). Not stated in judgment (filed 25th May 2021; related to Misc. Application 1 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2063/eng@2024-07-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.