Kimurgor v County Public Service Board Uasin Gishu County & 3 others (Employment and Labour Relations Petition E013 of 2024) [2025] KEELRC 1657 (KLR)
The bottom line
#A Kenyan court refused to halt 428 county appointments because they had already happened, and no reversal orders had actually been requested.
What this practically means
#Executive summary
#Key legal issues
#Whether the preliminary objection on prematurity/exhaustion was merited
The preliminary objection failed because the petitioner had not actually filed any appeal to the Public Service Commission and no Board decision subject of appeal was identified; the section 87(2) bar presupposes such an appeal
The court reviewed sections 77, 85, 86 and 87 of the County Governments Act and Public Service Commission Act, and Article 234(2)(i), concluding that an appeal to the Commission must be against a decision of the County Public Service Board. On the pleadings no such decision or appeal was exhibited, so the objection premised on the pending PSC appeal could not sustain the exhaustion argument.
Whether conservatory orders by way of injunction should issue against the 428 appointees
The prayers could not be granted because the appointments were complete, the appointees had assumed office, were not parties to the suit, and no reversal orders were sought
The applicant did not rebut the respondents' averment that the appointments had been concluded and the appointees had taken office. An injunction cannot restrain a completed act. Orders could not be made against non-parties, and the court is confined to the reliefs pleaded; no prayer sought reversal of the appointments.
Legal principles established
#- An injunction cannot issue in respect of an action that has already taken place
- A preliminary objection must be a pure point of law; where contested facts require determination it cannot be raised
- An appeal to the Public Service Commission under section 77 of the County Governments Act presupposes a decision of the County Public Service Board that is the subject of the appeal
- Parties are bound by their pleadings and a court cannot grant orders that have not been sought
Court orders
#- 1.The Preliminary Objection dated 22nd October 2024 is dismissed
- 2.The Notice of Motion dated 26th September 2024 is dismissed
- 3.No order as to costs
- Jurisdiction invoked
- Article 22(2)(c) of the Constitution (petition seeking conservatory orders in the public interest); jurisdiction contested under section 77 County Governments Act and section 87(2) Public Service Commission Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kimurgor v County Public Service Board Uasin Gishu County & 3 others (Employment and Labour Relations Petition E013 of 2024) [2025] KEELRC 1657 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1657/eng@2025-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.