Mohamed & 7 others v County Executive Committee Member, Finance, Wajir County & 3 others (Employment and Labour Relations Petition E001 of 2024) [2024] KEELRC 2284 (KLR)
The bottom line
#Kenya's Employment Court refused to stop the SRC's cuts to MCAs' mileage and plenary allowances, ruling the petitioners showed no strong case.
What this practically means
#Executive summary
#Key legal issues
#Whether the Petitioners established a prima facie case with a likelihood of success warranting conservatory orders
No prima facie case or constitutional violation was proved; the SRC acted within its constitutional mandate under Article 230 after public participation
The court reviewed the principles for conservatory orders from Board of Management of Uthiru Secondary School and related authorities. It found the SRC is the constitutionally mandated body under Article 230 to set and review remuneration of state officers, that it undertook stakeholder engagement and public participation via newspaper advertisement of 22/2/2022 and the County Assembly Forum letter of 8/11/2021, and that the petitioners offered only generalised assertions of violation without proof.
Whether the 1st and 2nd respondents were proper parties to the dispute
They were struck off as they lack mandate to review or publish gazette notices or review remuneration
The court observed that the petitioners did not establish how the 1st and 2nd respondents infringed their constitutional rights; those respondents possess no authority to review or amend a gazette notice and no mandate to review remuneration of staff. Retaining them would add no value to the suit.
Whether public interest favours grant of conservatory orders
Public interest weighs against the orders since the remuneration structure has been implemented across all 47 counties since July 2022 and staying it would occasion pay disparities
The court held that the gazetted remuneration and benefit structures have been in operation in the 47 counties since July 2022; granting orders to stay the notice would create serious disparities in pay for the same job across counties, and the petitioners would lack sufficient remedies even if they succeeded in the main petition.
Legal principles established
#- Conservatory orders require demonstration of an arguable prima facie case with likelihood of success, enhancement of constitutional values, that the petition will not be rendered nugatory, and consideration of public interest
- A party without mandate over the impugned decision is not a proper party to the suit
Court orders
#- 1.The 1st and 2nd respondents are struck off from the application as they are not proper parties
- 2.The Notice of Motion dated 6th February 2024 is dismissed
- 3.Each party will meet their respective costs of this application
- Jurisdiction invoked
- Article 23 and Article 162(2) of the Constitution (constitutional petition for enforcement of Bill of Rights before the Employment and Labour Relations Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mohamed & 7 others v County Executive Committee Member, Finance, Wajir County & 3 others (Employment and Labour Relations Petition E001 of 2024) [2024] KEELRC 2284 (KLR)", Case Analysis (2024). Notice of Motion dated 6th February 2024 (Petition). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2284/eng@2024-09-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.