Patrisio Njeru Njiru v Embu County Government & another [2016] KEELRC 120 (KLR)
The bottom line
#Kenya's Employment Court ruled that a governor can lawfully discipline a county executive committee member through a show-cause letter without involving the county assembly.
What this practically means
#Executive summary
#Key legal issues
#Governor's power to initiate discipline under section 31(1)(a) independently of section 40
The section 31(1)(a) procedure is initiated and concluded by the governor and is independent of the section 40 county assembly removal process; the 2nd respondent acted within the law
The court reasoned that the statutory scheme provides two distinct avenues: one initiated and concluded by the governor under section 31(1)(a), and another involving the county assembly under section 40. Following Richard Bwogo Birir v Narok County Government, it held the two are separable. The show-cause notice was a lawful first step of disciplinary action envisaged by Article 236 of the Constitution and section 41 of the Employment Act, which prescribes notice and hearing.
Prematurity of the petition before conclusion of the disciplinary process
The petition failed because the petitioner filed it before the disciplinary process concluded and without demonstrating contravention of the Constitution or statute
The petitioner replied to the show-cause notice on 30.05.2015 and filed the petition three days later, without giving the respondents an opportunity to conclude the disciplinary process. The court held that courts should intervene in a disciplinary procedure only where the procedure invoked is shown to contravene the Constitution or other law, and that a challenge to the genuineness of the reasons lies under section 43 of the Employment Act only after removal is imposed. No such contravention was established.
Alleged political vendetta and ethnic discrimination
No discrimination or victimization established; respondents denied the process was ethnically motivated and the petitioner did not prove otherwise
The petitioner alleged the 2nd respondent harboured hostility toward senior officials from the Mbeere community after his double impeachment by the Senate, invoking section 5 of the Employment Act, 2007. The respondents denied discriminatory conduct and asserted the disciplinary process had not been commenced to victimize the petitioner on account of ethnicity. The court made no finding of discrimination and found the petitioner not entitled to the relief sought.
Legal principles established
#- A governor's disciplinary process against a county executive committee member under section 31(1)(a) of the County Governments Act is independent of and separable from the removal process under section 40 involving the county assembly
- Judicial intervention in an ongoing disciplinary process is warranted only where the procedure invoked is shown to contravene the Constitution or statute; reasons for removal may be challenged under section 43 of the Employment Act only after removal is imposed
Court orders
#- 1.Judgment entered for the respondents against the petitioner
- 2.Petition dismissed
- 3.No orders on costs
- Jurisdiction invoked
- Articles 22, 23, 258 and 259 of the Constitution of Kenya, 2010 (enforcement of Bill of Rights)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Patrisio Njeru Njiru v Embu County Government & another [2016] KEELRC 120 (KLR)", Case Analysis (2016). Petition No 9 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/120/eng@2016-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.