Mutimba v Nandenu & 2 others (Employment and Labour Relations Cause E003 of 2026) [2026] KEMC 601 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Jurisdiction over the claim as an employee–employer dispute
The cause was not an employee–employer dispute and was struck out for want of jurisdiction.
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.
Status of area managers under the National Government Coordination Act
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.
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.
Legal principles established
#- 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
#- 1.The cause is struck out for want of jurisdiction
- 2.No order as to costs
- 3.The file is closed
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution and section 12(1)(a) of the Employment and Labour Relations Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.