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MagistrateStruck OutNot stated in the excerpt (cause heard at Bungoma)· [2026] KEMC 601 (KLR)

Mutimba v Nandenu & 2 others (Employment and Labour Relations Cause E003 of 2026) [2026] KEMC 601 (KLR)

Employment and Labour Relations Court (magistrates' court cause heard by a Senior Resident Magistrate at Bungoma)
7 April 2026
2,088 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court ruled that village-elected area managers are volunteers, not employees, so employment courts cannot hear their dismissal claims.

What this practically means

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Executive summary

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The Claimant, who had been elected by Wamulali village residents in Bungoma County as their area manager in 2018, sued the Respondents claiming reinstatement and general damages for what he described as unfair and unprocedural termination on 2 January 2026. At pre-trial directions on 31 March 2026 the court raised, on its own motion, whether the cause was an employment dispute within section 12(1)(a) of the Employment and Labour Relations Court Act, and reserved a ruling on that question. The sole issue for determination was jurisdiction. Applying Article 162(2)(a) of the Constitution and section 12 of the ELRC Act, and the definitions of 'employee' and 'employer' in section 2 of the Employment Act, the court held that the Claimant was not employed for wages or salary, had no contract of service with the Respondents, and was neither apprentice nor indentured learner. Section 15 of the National Government Coordination Act does not list area managers among Public Service Commission employees; the National Government Coordination (Amendment) Bill 2023, which would recognise them as salaried public officers, had not been passed. Until such amendment, area managers remain unpaid volunteers and disputes about their removal are not employee–employer disputes cognisable by the ELRC. The election by villagers conferred no employment status. Accordingly, the cause was struck out for want of jurisdiction with no order as to costs, and the file was closed.

Key legal issues

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01

Jurisdiction over the claim as an employee–employer dispute

Holding

The cause was not an employee–employer dispute and was struck out for want of jurisdiction.

Reasoning

The court examined Article 162(2)(a) of the Constitution and section 12 of the ELRC Act, and the definitions of 'employee' and 'employer' in section 2 of the Employment Act. It found no contract of service, no wages or salary, and no apprenticeship or indenture. Section 15 of the National Government Coordination Act does not recognise area managers as PSC employees, and the amendment Bill to that effect had not been passed. Election by villagers conferred no employment status.

p. 8
02

Status of area managers under the National Government Coordination Act

Holding

Area managers are not among the national government administrative officers listed in section 15 as PSC employees; they are unpaid volunteers with no contract of service.

Reasoning

Section 15 of the National Government Coordination Act lists county commissioners down to assistant chiefs and other national government administrative officers, but not area managers. The National Government Coordination (Amendment) Bill 2023, which would recognise area managers as salaried PSC employees, had not been passed by Parliament. Until then, area managers remain volunteers outside the employment regime.

p. 7

Legal principles established

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  • A person elected as an area manager is not an employee of the Public Service Commission or of the respondents within the meaning of section 2 of the Employment Act, and a dispute over such a person's 'dismissal' is not an employee–employer dispute within section 12(1)(a) of the ELRC Act.
  • Until the National Government Coordination (Amendment) Bill 2023 is passed, area managers are not Public Service Commission employees whose employment disputes this court can determine.

Court orders

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  1. 1.The cause is struck out for want of jurisdiction
  2. 2.No order as to costs
  3. 3.The file is closed

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 162(2)(a); Article 236; Article 260
  • Employment and Labour Relations Court Actsection 12(1)(a)
  • Employment Actsection 2
  • National Government Coordination Actsections 14 and 15
  • National Government Coordination (Amendment) Bill 2023amendments to sections 14 and 15

Cases cited (6)

  • Owners of the Motor Vessel "Lillian S" v Caltex Oil (Kenya) Ltd
    [1989] eKLR
  • West Kenya Sugar Company Limited v Keiza
    (Employment and Labour Relations Appeal E009 of 2021) [2023] KEELRC 322 (KLR)
  • Havi v Judicial Service Commission & another
    (Petition E039 of 2024) [2024] KEELRC 798 (KLR)
  • Gikenye & 2 others v Mwaura & 9 others
    (Petition E001 of 2025) [2025] KEELRC 592 (KLR)
  • Narok County Government and Another v Richard Bwogo Birir and Another
    (2015) 5JELR 104466 (CA)
  • Rift Valley Water Services Board & 3 others v Asanyo & 2 others
    (Civil Appeal 60 & 61 of 2015 (Consolidated)) [2022] KECA 778 (KLR)
Jurisdiction invoked
Article 162(2)(a) of the Constitution and section 12(1)(a) of the Employment and Labour Relations Court Act

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, "Mutimba v Nandenu & 2 others (Employment and Labour Relations Cause E003 of 2026) [2026] KEMC 601 (KLR)", Case Analysis (2026). Not stated in the excerpt (cause heard at Bungoma). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/601/eng@2026-04-07

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