Omondi & 16 others v County Government of Nakuru & another (Petition E004 of 2024) [2025] KEELRC 3698 (KLR)
The bottom line
#The Employment and Labour Relations Court struck out a petition by 17 former Nakuru county workers because they had to appeal to the Public Service Commission first.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court has primary jurisdiction over a Petition challenging termination of county public officers where the PSC appeal mechanism was not exhausted
The Court lacks primary jurisdiction; the Petitioners must first appeal to the PSC under Section 77 of the County Governments Act and Sections 85-89 of the PSC Act
Section 77 of the County Governments Act gives dissatisfied county public officers a right of appeal to the PSC, with review under Section 77(5). Sections 85-89 of the PSC Act confer appellate and review jurisdiction on the PSC, and Section 87(2) expressly bars filing of court proceedings before exhaustion. The Court's role is limited to enforcement of PSC decisions under Section 89.
Whether proceedings filed contrary to Section 87(2) can be stayed rather than struck out
No - a stay cannot issue where the Court never had jurisdiction, and Rule 56(5)(c) of the E&LRC Procedure Rules, 2024 is inconsistent with Section 87(2)
The Court reasoned that proceedings initiated contrary to a statutory prohibition confer no jurisdiction, and a stay order presupposes jurisdiction. The Rule permitting stay for non-exhaustion was characterised as an innovation attempting to broaden jurisdiction and sidestep substantive law.
Legal principles established
#- Where Section 87(2) of the Public Service Commission Act prohibits filing of court proceedings before exhaustion of the PSC appeal procedure, the Court has no primary jurisdiction and cannot stay such proceedings
- Rule 56(5)(c) of the E&LRC (Procedure) Rules, 2024, permitting stay rather than striking out for non-exhaustion, is inconsistent with Section 87(2) of the Public Service Commission Act
Court orders
#- 1.The application by the Petitioners for stay of the proceedings is declined
- 2.The preliminary objection is sustained and the Petition is struck out
- 3.The Petitioners shall pursue their appeal at the Public Service Commission, and may return to this Court for enforcement of the decision of the Public Service Commission
- 4.No order on the costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under Article 162(2)(a) of the Constitution, contested via Section 87(2) of the Public Service Commission Act and Section 77 of the County Governments Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Omondi & 16 others v County Government of Nakuru & another (Petition E004 of 2024) [2025] KEELRC 3698 (KLR)", Case Analysis (2025). Petition No E004 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3698/eng@2025-12-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.