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ELRCPartially Allowed· [2025] KEELRC 3729 (KLR)

Wambugu v County Government of Nyandarua & 2 others (Cause E024 of 2025) [2025] KEELRC 3729 (KLR)

Employment and Labour Relations Court
19 December 2025
JRJames Rika
1,364 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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A Kenyan court ordered Nyandarua County to reinstate a wrongly dismissed administrator with full pay, after the county failed to defend its case.

What this practically means

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Executive summary

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This was an undefended employment claim heard by formal proof at the Employment and Labour Relations Court at Nakuru, in which the Claimant, a ward administrator later holding the position of Deputy Sub-County Administrator with Nyandarua County, challenged his summary dismissal on 4th October 2024. The Respondents were served on 7th May 2025 but neither entered appearance nor filed any response, and the matter proceeded on 19th September 2025 on the Claimant's documents and witness statement. The Claimant alleged that after a transfer to the County Head Office he was left without duties, assigned a disaster-management role outside his job description without office or tools, subjected to show-cause letters on unproven allegations of absenteeism and participation in an unlawful gathering, heard before the wrong disciplinary committees, and finally summarily dismissed; his appeal to the County Public Service Board was disregarded and he suffered withheld salary and threats. The Court found the burden under Section 47para 5 of the Employment Act lay on the employer to justify the dismissal, which it failed to do, and that hearing before the wrong committee was an undisputed procedural irregularity. Termination was declared unfair and unlawful under Sections 41, 43 and 45 of the Employment Act. The Court declined to extend the claim to the Constitution and the Fair Administrative Action Act, the Employment Act offering adequate remedies. It ordered reinstatement with full benefits, declined general damages as disproportionate to reinstatement with back-remuneration, and refused a permanent injunction as an unwarranted fetter on managerial prerogative. Costs were awarded to the Claimant.

Key legal issues

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01

Whether termination was fair and lawful

Holding

Termination was unfair and unlawful under Sections 41, 43 and 45 of the Employment Act, 2007; the grounds of absenteeism and unlawful gathering were unestablished and the hearing was before the wrong disciplinary committee

Reasoning

The claim was undefended and proved by formal proof. The burden under Section 47para 5 shifted to the employer to justify the dismissal, which it failed to do. No evidence supported the allegations of absenteeism or participation in unlawful gatherings. The Claimant was heard before the wrong disciplinary committee, a procedural irregularity that was undisputed, and his appeal was disregarded.

p. 3
02

Whether reinstatement should be granted

Holding

Reinstatement was granted because it remained valid (within 3 years of termination), reasonable and practicable, and the prayer was uncontested

Reasoning

The Court of Appeal in Judicial Service Commission & Another v. Njora and the Supreme Court in Eric Kamande v. Judicial Service Commission upheld this Court's discretion to award reinstatement under Section 12para 3[vii] of the ELRC Act and Section 49para 3 of the Employment Act. The Claimant left employment on 4th October 2024, slightly over one year before judgment, so reinstatement remained within the statutory window.

p. 3
03

Whether constitutional and Fair Administrative Action Act violations should be adjudicated

Holding

The Court declined to extend the claim beyond the Employment Act, since the Employment Act provided an adequate remedy

Reasoning

Because the Employment Act identifies appropriate remedies for the wrongs sustained, the Court found it unnecessary to determine the alleged violations of Article 47 fair administrative action, Articles 41 and 50, and the Fair Administrative Action Act. Those laws could be invoked only where the principal law provides no or an inadequate remedy.

p. 3

Legal principles established

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  • In unfair termination claims, the employee must establish that an unfair or unlawful termination occurred while the employer bears the duty of justifying the grounds for termination, per Section 47para 5 of the Employment Act, 2007
  • Where the Employment Act provides appropriate remedies, it is unnecessary to extend the claim to the Fair Administrative Action Act and the Constitution; such laws may be invoked only where the principal law offers no or inadequate remedy
  • The purpose of reinstatement is to restore the terminated contract in full; additional damages on top of reinstatement with back-remuneration would be disproportionate

Court orders

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  1. 1.It is declared that termination of the Claimant's contract of employment by the Respondents was unfair and unlawful
  2. 2.The Respondents shall forthwith reinstate the Claimant to the position of Deputy Sub-County Administrator, without loss of seniority, salaries, allowances, and benefits
  3. 3.Costs to the Claimant
Jurisdiction invoked
Article 162(2) of the Constitution read with the Employment and Labour Relations Court Act and Rule 68[5] of the E&LRC [Procedure] Rules, 2024

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, "Wambugu v County Government of Nyandarua & 2 others (Cause E024 of 2025) [2025] KEELRC 3729 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3729/eng@2025-12-19

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