Kenya County Government Workers' Union v Taita Taveta County Government & another (Cause E031 of 2025) [2025] KEELRC 1956 (KLR)
The bottom line
#The Employment Court struck out a county worker's claim because he skipped the required internal grievance and Public Service Commission appeal steps first.
What this practically means
#Executive summary
#Key legal issues
#Exhaustion of alternative remedies as a jurisdictional bar
The claim is premature and must be struck out because the grievant did not exhaust the internal dispute resolution mechanisms and the appeal to the PSC under Article 234(2)(i), Section 77 of the County Government Act and Section 87(2) of the Public Service Commission Act
The court held that redeployment, stoppage of salary and removal from payroll are matters within the purview of the County Public Service Board, with an appeal lying to the PSC. The doctrine of exhaustion requires parties to pursue available administrative remedies before approaching the court, and the statutory provisions must be read in conjunction. Exceptions to the doctrine were not shown to apply, so the court's jurisdiction could not be invoked.
Inconsistency in the claim
The claim and orders sought are inconsistent, challenging redeployment while simultaneously claiming constructive dismissal
The court observed that the claimant was simultaneously challenging the redeployment letter of 18 November 2024 and asserting constructive dismissal, undermining the coherence of the claim. This inconsistency featured in the court's assessment of the substance of the dispute and reinforced the conclusion that the core issue was redeployment, an administrative matter for the respondents and the PSC.
Legal principles established
#- Where a clear procedure for redress of a grievance is prescribed by the Constitution or an Act of Parliament, that procedure must be strictly followed before invoking the court's jurisdiction
- Although the ELRC has broad jurisdiction over constitutional violations, that jurisdiction must be understood in context and the primary forum for employment grievances such as redeployment is the statutory internal mechanisms and the Public Service Commission
Court orders
#- 1.The suit is struck out
- 2.Each party is to bear its own costs
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution; Section 12 of the Employment and Labour Relations Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya County Government Workers' Union v Taita Taveta County Government & another (Cause E031 of 2025) [2025] KEELRC 1956 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1956/eng@2025-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.