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ELRCOtherNotice of Motion dated 13th October 2021 in ELRC Cause (consolidated files including ELRC Cause No. 11 of 2021) - Employment and Labour Relations Court at Nakuru· [2021] KEELRC 485 (KLR)

Nyandarua County Assembly Service Board & another v Nyandarua County Assembly & 7 others; John Kieru Wambui & another (Interested Parties) [2021] KEELRC 485 (KLR)

Employment and Labour Relations Court
17 November 2021
HWHellen Wasilwa
4,150 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~17 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled this county dispute fell outside the intergovernmental framework but still allowed the parties 30 days to try mediation instead of litigating.

What this practically means

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Executive summary

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The 2nd to 5th Respondents/Applicants, through a Notice of Motion dated 13th October 2021, sought a stay of proceedings and referral of the dispute for mediation by the Inter-Governmental Relations Technical Committee under the Intergovernmental Relations Act, alleging that multiple suits arising from the impeachment of the Speaker of Nyandarua County Assembly had paralysed county operations. The claimants and interested parties opposed, contending that the dispute was between individuals within one county, not between levels of government; that the applicants were contemnors of court orders; and that the application was a decoy to avoid purging contempt and to install an irregularly appointed acting clerk. The court framed two issues: whether the dispute falls under the intergovernmental relations framework and whether the orders sought should be granted. The court held that disputes under the IGRA between County Governments mean disputes between two different counties, whereas this dispute revolved around factions within one county and between individuals and the county assembly, and therefore did not fall under the IGRA. However, invoking Articles 159(2)(c) and (d) of the Constitution, the court held that this was not a bar to parties attempting ADR by other means. To avoid greater miscarriage of justice to the inhabitants of Nyandarua County, the court allowed the parties to attempt ADR, directing that mediation be undertaken by the Inter-Governmental Technical Relations Committee within 30 days, and made no order as to costs other than costs in the cause. The formal stay in the terms sought and the Speaker Panel prayer were not granted as framed.

Key legal issues

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01

Whether the dispute falls under the inter-governmental relations framework

Holding

The dispute does not fall under the IGRA because it is between individuals/factions within one county and not between levels of government or between two counties

Reasoning

The court traced the long title of the IGRA and section 31, and considered authorities defining an intergovernmental dispute as one between the two levels of government or between county governments. The dispute here concerned the office of the Speaker of Nyandarua County Assembly and factions within one county, which does not equate to a dispute between two different counties or levels of government.

p. 6
02

Whether the orders sought should be granted

Holding

The court allowed the parties to attempt ADR through the Inter-Governmental Technical Relations Committee within 30 days, notwithstanding that the dispute falls outside the IGRA

Reasoning

Relying on Article 159(2)(c) and (d) of the Constitution, the court held that although the dispute may not fall directly under the IGRA, parties may attempt ADR. To avoid greater miscarriage of justice to the inhabitants of Nyandarua County, the court permitted mediation within 30 days, rather than the 60 days sought.

p. 6

Legal principles established

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  • Disputes under the Intergovernmental Relations Act referred to as disputes between County Governments refer to disputes between two different counties, not factions within one county
  • A dispute between individuals and a county assembly does not fall under the IGRA mediation framework
  • The fact that a dispute does not fall under the IGRA is not a bar to parties attempting to resolve it through other means of ADR

Court orders

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  1. 1.Parties allowed to attempt alternative dispute resolution as prayed by the applicants
  2. 2.Mediation process to be undertaken by the Inter-Governmental Technical Relations Committee within a period of 30 days
  3. 3.Costs in the cause
Jurisdiction invoked
Employment and Labour Relations Court (Procedure) Rules, 2016, Rules 17(1) and 19(1)(2)(3)&(4); Articles 48 and 159(2)(c) of the Constitution

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, "Nyandarua County Assembly Service Board & another v Nyandarua County Assembly & 7 others; John Kieru Wambui & another (Interested Parties) [2021] KEELRC 485 (KLR)", Case Analysis (2021). Notice of Motion dated 13th October 2021 in ELRC Cause (consolidated files including ELRC Cause No. 11 of 2021) - Employment and Labour Relations Court at Nakuru. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/485/eng@2021-11-17

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