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ELRCPartially AllowedNot stated in the judgment (ELRC cause; Memorandum of Claim dated 10th January 2018)

Manoti v Kenya Revenue Authority; Law Society of Kenya & another (Interested Parties) (Employment and Labour Relations Cause E370 of 2021) [2025] KEELRC 2918 (KLR)

Employment and Labour Relations Court
28 October 2025
6,850 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~27 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court ruled KRA must pay a former lawyer Kshs 1.44 million in unpaid allowances, confirming public-service circulars cover lawyers in state agencies.

What this practically means

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Executive summary

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The Claimant, employed by the Kenya Revenue Authority as an Officer – Litigation from 2nd April 2018 to 10th November 2020, claimed that the Respondent unlawfully failed to pay him a non-practising allowance and a prosecutorial allowance pursuant to Circular No. MSPS.10/145A VOL.VII/40 of 11th June 2010 and Circular No. MPS.10/5A VOL.III/(78) of 9th October 2012, quantified at Kshs. 1,440,000, together with declarations of discriminatory and unfair labour practice, interest and costs. The Respondent resisted the claim on the basis that the circulars were addressed to the Solicitor General, the ODPP and the Ministry of Justice, that its employees were on an enhanced 'executive salary scale' sanctioned by the Public Service Commission, that Section 16 of the KRA Act governed any remuneration changes, and that the Claimant accepted his contractual terms and was not a gazetted prosecutor. The Salaries and Remuneration Commission (2nd Interested Party) maintained the allowances were confined to the State Law Office and the ODPP, and that absent its advice no such allowances were payable, relying on the Supreme Court decision in Muthuuri. The 1st Interested Party supported the claim on equality and parity grounds. Relying on the decision of Ongaya J in ELRC Cause 547 of 2018, upheld by the Court of Appeal in E216 of 2020, that the circulars applied to all lawyers in the public service, the court awarded the Claimant Kshs. 1,440,000 less statutory deductions, with costs and interest at court rates from the date of judgment, though the disposition confusingly recites 'find for the respondent'.

Questions the Court framed

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

  1. 1.Whether the Respondent is bound by the Public Service Code of Conduct (2006)/PSC Human Resource Policy, 2016
  2. 2.Whether the Respondent was bound by Circulars No. MSPS.10/145A VOL.VII/40 (11th June 2010) and No. MPS.10/5A VOL.III/(78) (9th October 2012)
  3. 3.Whether the Claimant was entitled to the non-practice and prosecutorial allowances claimed
  4. 4.Whether the denial of the two allowances amounted to discrimination and unfair labour practice

Key legal issues

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01

Applicability of the 2010 and 2012 circulars to the KRA legal officer

Holding

The court held the circulars applied to public service legal officers, including the Claimant, and awarded the unpaid non-practising allowance

Reasoning

The court examined both circulars, noted the first was addressed to the Solicitor General, and relied on the ELRC decision in cause 547 of 2018 (J. Ongaya J) as upheld by the Court of Appeal in appeal E216 of 2020, which held the circulars covered all lawyers in the public service and that the successor board to the PSRRB was bound by its recommendations. Since the Respondent admitted the Claimant was its employee from 2nd April 2018 to 10th November 2020, the allowance ought to have been paid.

p. 13
02

Entitlement to payment of the cumulative allowance

Holding

The court found that if the Claimant was entitled to non-practice allowance in the public service, the Respondent ought to have paid it during his tenure

Reasoning

The court noted the Claimant exited service on 10th November 2020 and filed his claim on 5th May 2021. It reasoned that had he been entitled to the allowance while working in the public service, it was within his rights to be paid and the Respondent failed to do so, justifying the award of the unpaid sum less statutory deductions, with costs and interest.

p. 13

Legal principles established

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  • The two public service circulars of 11th June 2010 and 9th October 2012 applied to lawyers working in the public service generally, per the Court of Appeal as adopted by this court

Court orders

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  1. 1.Award to the Claimant of the non-practising allowance not paid at Kshs. 1,440,000/- less statutory deductions
  2. 2.Respondents to pay costs of the suit
  3. 3.Interest at court rates with effect from the date of the judgment

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court first-instance jurisdiction over the Memorandum of Claim dated 10th January 2018 (constitutional and statutory basis not expressly stated in the judgment)

Relief refused

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Declarations of unlawful, wrongful and unfair labour practice and discrimination

The court did not expressly grant the declaratory reliefs; it moved directly to an award of the unpaid allowance

p. 13

Non-practice allowance accruing from the date of filing until payment in full

Only the cumulative sum of Kshs. 1,440,000 for the employment period was awarded

p. 13

Costs

The Respondents will pay the costs of this suit plus interest at court rates with effect from the date of the judgment

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 therefore find for the respondent and award him his practising allowance not paid at kshs 1,440,000/less statutory deductions. The respondents will pay costs of this suit plus interest at court rates with efiect from the date of this judgment.
p. 13Final orders/disposition
The Court of Appeal in efect held that the 2 circulars referred to oficers working in the Public Sector.
Applicability of the 2010 and 2012 circulars to the public service
I therefore find for the respondent and award him his practising allowance not paid at kshs 1,440,000/less statutory deductions.
p. 13Award of unpaid non-practising allowance

Issues in the judgment

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material

The disposition states the court found for the respondent yet awards the allowance to the claimant, an internal contradiction

minor

The judgment inconsistently describes the allowance awarded as 'practising allowance' although the claim was for a NON-practising allowance

minor

The judgment references a gap in its own narrative on the history of the allowances dispute

minor

The parties (Claimant and 1st Interested Party) are not named in the judgment text; only the Respondent (Kenya Revenue Authority) and 2nd Interested Party (SRC) are identifiable

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, "Manoti v Kenya Revenue Authority; Law Society of Kenya & another (Interested Parties) (Employment and Labour Relations Cause E370 of 2021) [2025] KEELRC 2918 (KLR)", Case Analysis (2025). Not stated in the judgment (ELRC cause; Memorandum of Claim dated 10th January 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2918/eng@2025-10-28

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