Simotwo v County Government of Narok & 2 others (Employment and Labour Relations Cause E104 of 2024) [2025] KEELRC 1580 (KLR)
The bottom line
#A Kenyan court ordered Narok's County Assembly to pay a former Clerk his full salary after his secondment ended, confirming seconded workers keep their original employment.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant, whose secondment from the County Assembly of Narok to the County Executive expired on 7th June 2024, remained an employee entitled to salary and reinstatement to the payroll pending trial
Yes. The court held that on expiry of the secondment the Claimant remained an employee of the 2nd Respondent (the County Assembly), which was duty bound to facilitate his return, and that stopping his salary violated fair labour practice under Article 41 of the Constitution.
Relying on Kenya Methodist University v Kaungania and Mary Nyangasi Ratemo, the court held that during secondment the seconding entity remains the employer, with full powers reviving on the secondment's end. The Claimant was neither terminated nor did he resign; his term did not end by effluxion of time. The 2nd Respondent was bound to absorb him back, and the 'no work no pay' principle did not apply because he did not abscond or refuse to work - he was simply not given the opportunity to return. The approved SRC salary increment was also applicable since the Board had approved it.
Whether the interlocutory relief sought (payroll reinstatement and payment of arrears) should be granted pending the hearing of the main claim
The court found the application merited and granted interim relief, directing the 2nd Respondent to pay the pending salary from August 2024 to date of the ruling, with costs in the cause.
Applying the Giella v Cassman Brown principles and the public service secondment guidelines, the court was satisfied the Claimant had proved he deserved the orders prayed. Because the main suit was pending and should be heard expeditiously, the orders were granted pending determination of the main suit, with the main suit set down for hearing on 1st July 2025.
Legal principles established
#- A seconded employee remains an employee of the original (substantive) employer at all material times during the secondment, and upon expiry of the secondment the original employer must facilitate the employee's return.
- Where a seconded officer's secondment expires, the employer cannot simply stop paying the officer's salary; failing to absorb the officer back violates fair labour practice under Article 41 of the Constitution.
- Under the Guidelines on Secondment in Public Service 2016, a seconded officer who completes secondment returns to his original position or, if unavailable, is placed in a suitable vacancy within his former grade.
Court orders
#- 1.That the 2nd Respondent to pay the Claimant his pending salary as per the revised terms for the month of August 2024 to date of the ruling
- 2.That the costs be in the cause and the main suit be heard on 1st July 2025
- Jurisdiction invoked
- Sections 3 and 12(3)(i) of the Employment and Labour Relations Court Act and Rule 45 of the Employment and Labour Relations Court (Procedure) Rules, 2024
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Simotwo v County Government of Narok & 2 others (Employment and Labour Relations Cause E104 of 2024) [2025] KEELRC 1580 (KLR)", Case Analysis (2025). Notice of Motion dated 18th December 2024 (main claim number not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1580/eng@2025-05-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.