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ELRCDismissedPetition dated 19th May 2023 (Nakuru)· [2025] KEELRC 686 (KLR)

Maina v Judicial Service Commission & 3 others (Employment and Labour Relations Petition E009 of 2023) [2025] KEELRC 686 (KLR)

Employment and Labour Relations Court
6 March 2025
AMAnna Ngibuini Mwaure
5,418 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~22 min to read original · ~4 min brief

The bottom line

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A Kenyan court upheld the dismissal of a Judiciary accountant who failed to account for about Kshs.3.4 million, ruling the disciplinary process was lawful and fair.

What this practically means

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Executive summary

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The Petitioner, formerly employed by the Judicial Service Commission as a clerical officer and later Accountant in Charge at Nyahururu Law Courts, was dismissed on 8th July 2021 after an audit revealed under-banking of deposit collections of approximately Kshs.3.4 million between July 2017 and December 2018. He petitioned the Employment and Labour Relations Court at Nakuru, contending that the Director of Human Resource Management lacked authority to charge and suspend him, that the disciplinary process usurped the Chief Justice's mandate under Articles 161(2)(a) and 172(1)(c) of the Constitution and the Judicial Service Act, that the Judiciary HR Manual was unconstitutional, and that his dismissal violated his rights to fair labour practices, fair administrative action and a fair hearing. He sought declarations, reinstatement and damages. The Respondents maintained that the process originated from an audit report, that delegation to the Chief Justice and thereafter to the Chief Registrar and the Human Resource Management Advisory Committee was lawful, and that the Petitioner received a fair hearing with ample opportunities to respond and reconcile accounts. The court framed four issues and held that the 3rd Respondent had legal authority to handle the discipline under the HR Manual and the Judicial Service Act; that no specific written delegation was required for assignments already delegated by law and policy; and that the Court of Appeal decision in JSC v LMN was distinguishable as it concerned a judicial officer disciplined without a sitting Chief Justice. Finding both substantive justification and procedural fairness, the court dismissed the petition and ordered each party to bear their own respective costs.

Key legal issues

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01

Authority of the 3rd Respondent to charge and suspend the Petitioner

Holding

The 3rd Respondent had legal authority; delegation under the Judicial Service Act and the HR Manual was valid

Reasoning

The Petitioner, in job group JSC 5, fell within staff handleable by the HRAC as delegated by JSC under section D.4 of the Manual. Section 14 of the Act permits delegation of day-to-day management functions; section 8(m) obliges the Chief Registrar to perform duties assigned by the Chief Justice. The court found no requirement of specific written delegation for tasks already delegated by law and policy, and distinguished JSC v LMN as concerning a judicial officer disciplined without a sitting Chief Justice.

02

Substantive justification and procedural fairness of the dismissal

Holding

Both were followed; the Petitioner failed to account for under-banking of Kshs.3,443,258/= and admitted supervisory failure

Reasoning

The Petitioner was issued reasons in the 24th October 2019 letter, given multiple opportunities to respond and reconcile accounts, appeared before the committee which even granted an extended reconciliation period at the Chief Accounts Controller's dissenting request, and was heard on appeal. He admitted underperformance and apologised. As Accountant in Charge he bore responsibility for safeguarding Judiciary revenue.

p. 11
03

Entitlement to the reliefs sought

Holding

Petitioner not entitled; petition dismissed

Reasoning

Having found lawful authority and a fair process, the court held the Petitioner failed to prove entitlement to the declaratory, reinstatement and damages reliefs sought.

p. 11

Legal principles established

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  • A delegate functioning under statute and policy (the Chief Registrar) may handle disciplinary documentation without fresh written delegation from the Chief Justice for every step
  • Termination of employment must satisfy both substantive justification and procedural fairness

Court orders

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  1. 1.The Petition dated 19th May 2023 is dismissed.
  2. 2.Each party to meet their respective costs.
Jurisdiction invoked
Articles 23, 47, 50, 258 and 165(3) of the Constitution (constitutional petition challenging dismissal and disciplinary process under the Judicial Service Act)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Maina v Judicial Service Commission & 3 others (Employment and Labour Relations Petition E009 of 2023) [2025] KEELRC 686 (KLR)", Case Analysis (2025). Petition dated 19th May 2023 (Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/686/eng@2025-03-06

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