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ELRCPartially AllowedNot stated in the judgment as provided· [2025] KEELRC 42 (KLR)

Kenya County Government Workers’ Union v County Public Service Board of Machakos (Cause 62 of 2016) [2025] KEELRC 42 (KLR)

Employment and Labour Relations Court of Kenya
21 January 2025
HWHellen Wasilwa
4,623 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~18 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court voided a Machakos County promotion made without proper County Public Service Board authority, while confirming the employee couldn't be returned to her former county.

What this practically means

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Executive summary

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The claimant, a registered trade union, sued on behalf of Dinah Mwikali Nyamai, formerly of Makueni County, who was seconded to Machakos County in 2013 as Interim Human Resource/Payroll Manager and subsequently appointed Assistant Director - Human Resource Management (Job Group P) by letter of 9th October 2014 from the Machakos County Public Service Board. On 11th June 2015 the County Secretary released her back to Makueni County, whose board refused to receive her because her former position had been filled. The union sought declarations that she was a bona fide Machakos employee and that the release letter was null and void, reinstatement without loss of benefits, withheld salaries and six months' compensation. The respondent countered that the secondment had lapsed, that the appointment and promotion were made unilaterally by the CPSB Secretary without Board involvement, without advertisement or interview, and without the qualifications required for Job Group P, rendering them null and void; it relied on sections 59, 63, 65, 70, 75 and 138(5) of the County Governments Act and cited authorities on reinstatement and on the County Secretary's lack of appointment powers. The court held that the claimant, having accepted the Machakos appointment in October 2014, could not lawfully be returned to Makueni; but it also found the appointment to Job Group P was made without qualifications and without the authority of the County Public Service Board and was null and void. The claim for salary arrears on the elevated position was dismissed as untenable, no reinstatement or compensation was ordered, and, because the promotion error was not the claimant's doing, each party was ordered to bear its own costs.

Key legal issues

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01

Validity of the appointment of Dinah Mwikali Nyamai as Assistant Director HRM (JG P)

Holding

The appointment was made without the requisite qualifications and without the authority of the County Public Service Board and is null and void

Reasoning

The court noted the appointment letter of 9/10/2014 was signed by the Secretary of the Machakos County Public Service Board on the Board's letterhead, but found that the promotion skipped job groups and was made without advertisement, without the claimant applying, without Board approval and without the required qualifications. The Board has the exclusive mandate to hire, promote, discipline and fire county staff, so the promotion was a nullity.

p. 8
02

Lawfulness of the County Secretary's release of the claimant back to Makueni County

Holding

Once the claimant accepted the Machakos appointment and was on its payroll, the respondent could not return her to Makueni County

Reasoning

The court observed that as at 15/10/2014 the claimant had accepted the appointment of Assistant Director HRM and had become an employee of Machakos County; the release letter of 11/6/2015 was written by the County Secretary on his own letterhead. However, the court did not order any relief premised on this finding, as the underlying appointment was itself held void.

p. 8

Legal principles established

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  • Once an employee accepts an appointment by a county public service board and is absorbed into a county's payroll, the county cannot unilaterally return the employee to the former county
  • Appointments and promotions in county public service must be made by, or with the authority of, the County Public Service Board; appointments made without such authority and without the requisite qualifications are null and void

Court orders

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  1. 1.The claimant's appointment/promotion to the position of Human Resource Management JG 'P' was found to be null and void
  2. 2.The claim for salary arrears on the elevated position was dismissed as untenable
  3. 3.Each party to bear their own costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over trade disputes (dispute reported to the Cabinet Secretary for Labour and conciliated), under the Employment and Labour Relations Court Act and the Labour Relations Act; not expressly cited in the judgment

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, "Kenya County Government Workers’ Union v County Public Service Board of Machakos (Cause 62 of 2016) [2025] KEELRC 42 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/42/eng@2025-01-21

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