Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCStruck OutNot stated in the judgment (Petition dated 26th December 2023)· [2024] KEELRC 2286 (KLR)

Ngetich & another v Uasin Gishu County Public Service Board & 2 others (Petition E010 of 2023) [2024] KEELRC 2286 (KLR)

Employment and Labour Relations Court
25 September 2024
MOMAUREEN ONYANGO
1,710 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

#

Kenyan county employees must finish appeals at the Public Service Commission before asking the Employment Court to hear their dispute.

What this practically means

#

Executive summary

#
The Petitioners, employees of the County Government of Uasin Gishu, petitioned on 26th December 2023 seeking declarations that the Respondents' alteration of their terms of employment, retitling of directors to deputy directors and deputy directors to assistant directors, the August 2023 staff establishment, and their deployment without job designation were unconstitutional and unlawful, breaching Articles 27, 28, 35, 41, 47 and 50 of the Constitution. They further sought recognition as permanent employees, compensation of Kshs 1,175,660 each for underpayment, injunctions, certiorari quashing the staff establishment, damages and costs. The Respondents filed a preliminary objection dated 22nd January 2024 on grounds including failure to exhaust remedies under section 77 of the County Governments Act, improper judicial review procedure, lack of pleading precision, improper joinder of the 2nd and 3rd Respondents, and failure to meet the threshold for conservatory orders. The court, addressing the single issue of whether the preliminary objection was merited, applied the Mukisa Biscuit test and followed the Court of Appeal's decision in Secretary County Public Service Board v Hulbhai Gedi Abdulla on section 77. Noting that the Petitioners had lodged appeals before the Public Service Commission which were still pending, the court held that it lacked jurisdiction as the statutory dispute resolution mechanism had to be exhausted first. The preliminary objection was upheld, the petition and the application dated 20th December 2023 were struck out with no order as to costs, and the Petitioners were granted liberty to file a fresh suit if dissatisfied with the Commission's decision.

Key legal issues

#
01

Whether the court has jurisdiction where the Petitioners have lodged appeals with the Public Service Commission under section 77 of the County Governments Act that remain undetermined

Holding

The court lacks jurisdiction; the statutory appellate mechanism must be exhausted first

Reasoning

The court applied the Court of Appeal's decision in Secretary County Public Service Board v Hulbhai Gedi Abdulla on section 77 of the County Governments Act, holding that the specialized appellate mechanism before the Public Service Commission is the appropriate first recourse for disputes over conditions of service and appointments. Since the Petitioners' appeals before the Commission were pending, invoking the court's jurisdiction was premature. The preliminary objection was a pure point of law under the Mukisa Biscuit test and was upheld, with the petition struck out but with liberty to return to court after the Commission's decision.

p. 4

Legal principles established

#
  • A party must exhaust the dispute resolution mechanism provided under section 77 of the County Governments Act before invoking the court's jurisdiction

Court orders

#
  1. 1.The Preliminary Objection dated 22nd January 2024 is upheld
  2. 2.The Petition together with the application dated 20th December 2023 are struck out with no order as to costs
  3. 3.Clarification that the Petitioners may approach the court in a fresh suit if not satisfied by the decision of the Public Service Commission

Authorities

#

Legislation

  • Constitution of Kenya, 2010Articles 27(1)(2) & (3), 28, 35, 41, 47, 50
  • County Governments ActSections 77, 133
  • Employment and Labour Relations Court (Procedure) RulesRule 7(2)
  • Law Reform ActSections 8 & 9
  • Civil Procedure RulesOrder 53
  • Fair Administrative Action ActSection 9(4)

Cases cited (7)

  • Anarita Karimi Njeru v Republic
    (1979) eKLR
  • Mumo Matemu v Trusted Society of Human Rights Alliance & 5 Others
    (2013) eKLR
  • Zacharia Kipkoros T/A Riverside Bar v County Chairman Liquor Licencing Committee-Uasin Gishu & 2 Others
  • Republic v Kenya School Of Law & 2 Others Ex Parte Kgaborone Tsholofelo Wekesa
    [2019] eKLR
  • Phillipines v Carlito Lacap
  • Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd
    (1969) EA 696
  • Secretary County Public Service Board and Another v Hulbhai Gedi Abdulla
    (2017) eKLR
Jurisdiction invoked
Article 162(2) Constitution (implied by the court's employment jurisdiction); the preliminary objection turned on section 77 of the County Governments Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Ngetich & another v Uasin Gishu County Public Service Board & 2 others (Petition E010 of 2023) [2024] KEELRC 2286 (KLR)", Case Analysis (2024). Not stated in the judgment (Petition dated 26th December 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2286/eng@2024-09-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.