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ELRCPartially AllowedNot stated in judgment (test suit decided with Cause E018 of 2024)

King’ori v Kenya National Library Services; County Government of Nyeri (Third party) (Cause E019 of 2024) [2025] KEELRC 2118 (KLR)

Employment and Labour Relations Court
18 July 2025
OMONESMUS N MAKAU
894 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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When a devolved function transfers, both the old and new employer remain fully liable for unpaid salary arrears if the transfer agreement is silent on liabilities.

What this practically means

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Executive summary

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The claimant, a Library Assistant, sued for salary arrears of Kshs.689,381 plus interest, contending that under CBAs signed on 10th July 2019 and 14th September 2021 (effective 1st July 2017), and the earlier 2013-2017 CBA, he was paid far below the prescribed scales. The respondent denied liability, pleaded limitation under section 90 of the Employment Act and lack of jurisdiction, and joined the County Government of Laikipia as third party, which denied the claim asserting the cause accrued during the respondent's employment. The matter did not proceed to full hearing as the parties agreed that Cause E018 of 2024 would serve as a test suit whose decision would apply. Adopting that decision, the court computed arrears of Kshs.1,028,104 under the two CBAs, deducted payments totalling Kshs.338,843, and found outstanding arrears of approximately Kshs.689,261 (awarded as Kshs.689,281). On liability, the court noted the IPA of 4th October 2023 transferring library functions devolved to the county government was silent on pre-transfer liabilities, contrary to Article 187(2) of the Constitution requiring transfer of necessary resources, and that the IPA provided an alternative dispute forum. It declined to apportion liability between the respondent and third party and held both jointly and severally liable, leaving any inter se controversy to the IPA mechanism. The claimant was awarded the arrears with interest at court rates from filing and costs. Judgment delivered at Nyeri on 18th July 2025 by Onesmus N Makau, J.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.How much is owing as salary arrears to the claimant
  2. 2.Who should pay the arrears?
  3. 3.Who should pay costs of the suit?

Key legal issues

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01

Quantum of salary arrears under the 2013-2017 and 2019/2021 CBAs

Holding

Arrears of Kshs.1,028,104 accrued; after crediting payments of Kshs.338,843, the outstanding arrears are Kshs.689,261 (stated elsewhere as Kshs.689,281)

Reasoning

The court accepted the claimant's CBA-based computation of the salary shortfalls for both CBA periods, deducted the three payments admitted (Kshs.85,708; Kshs.164,721; Kshs.88,414), and found the balance unpaid as at the claimant's transfer to the third party on 1st July 2023.

p. 3
02

Liability for pre-devolution salary arrears between respondent and third party

Holding

Both respondent and third party liable jointly and severally; the court declined to apportion liability

Reasoning

Article 187(2) requires transfer of resources with functions. The IPA of 4th October 2023 transferred assets but was silent on existing liabilities, and provided an alternative forum for transfer disputes. The court therefore declined to decide which entity should solely pay, holding both liable jointly and severally.

p. 3

Legal principles established

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  • Where a function is transferred between levels of government, arrangements must ensure resources necessary for performing the function are transferred (Article 187(2))
  • Where the IPA between transferring entities is silent on pre-transfer liabilities, both entities are jointly and severally liable to the employee, and any inter se dispute should be resolved through the IPA's dispute mechanism

Court orders

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  1. 1.The respondent and the third party are held liable jointly and severally to pay the claimant salary arrears of Kshs.689,281
  2. 2.Interest on the arrears at court rate from the date of filing the suit till payment in full
  3. 3.The claimant is awarded costs of the suit

The bench

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One judgment of the whole court — no separate or dissenting opinions.

OM
majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act (section 90 raised on limitation); Article 187 of the Constitution on transfer of functions

Relief refused

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Interest from 1st September 2021 as sought

Court awarded interest from date of filing suit instead

p. 3

Determination of which of respondent or third party should solely bear the arrears

The IPA left liabilities unaddressed and provided an alternative dispute forum; court held both liable jointly and severally

p. 3

Costs

The claimant is awarded costs of the suit, with interest at court rate from the date of filing the suit till payment in full

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

I have further found that the claimant is entitled to his salary arrears of Kshs.689,281 which accrued before his services were transferred to the third party. I have also found that the respondent and the third party liable jointly and severally to pay the claimant the said arrears. The claimant is also awarded costs and interest at court rate from the date of filing the suit till payment in full.
p. 3Final orders - entitlement, joint and several liability, interest and costs
I will therefore not make a determination of who between the respondent and the third party should pay the salary arrears to the claimant. I will hold the two liable jointly and severally.
p. 3Joint and several liability where IPA silent on liabilities
If a function or power is transferred from a government at one level to a government at the other level ... Arrangement shall be put in place to ensure that resources necessary for the performance of the function or exercise of the power are transferred.
p. 3Article 187(2) Constitution - transfer of functions and resources

Issues in the judgment

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minor

Inconsistent figures for the awarded arrears: claim sought Kshs.689,381, computed balance Kshs.689,261, and award Kshs.689,281

minor

Same figure inconsistency in the heading and conclusion

minor

Apparent typographical errors: 'efiective'/'efiect' for 'effective', and the 2013-2017 CBA figure stated as Kshs.24,662 in one line and the arrears computation using Kshs.24,662 yet second line uses 26,414

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "King’ori v Kenya National Library Services; County Government of Nyeri (Third party) (Cause E019 of 2024) [2025] KEELRC 2118 (KLR)", Case Analysis (2025). Not stated in judgment (test suit decided with Cause E018 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2118/eng@2025-07-18

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