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ELRCDismissedJudicial Review (Notice of Motion dated 07.08.2024)

Catright v Public Service Commission; Principal Secretary State Department for Lands and Physical Planning (Interested Party) (Judicial Review Application E040 of 2024) [2025] KEELRC 459 (KLR)

Employment and Labour Relations Court
21 February 2025
3,334 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court upheld the Public Service Commission's power to discipline staff directly despite delegation, and confirmed the dismissal of an officer who went absent without explanation.

What this practically means

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Executive summary

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The ex-parte applicant, formerly a Chief Land Registration Officer at the State Department for Lands and Physical Planning, moved the Court by notice of motion dated 07.08.2024 under Order 53 rule 1 of the Civil Procedure Rules and section 8(2) of the Law Reform Act. He sought certiorari to quash his dismissal by the Public Service Commission communicated on 04.07.2024, declarations that the interdiction, charge and dismissal violated rules of natural justice, section 41 of the Employment Act, Articles 41 and 47 of the Constitution and the Fair Administrative Action Act, an order of mandamus compelling reinstatement, payment of unpaid salaries and benefits, and costs. He argued that disciplinary authority over him, an officer in Job Group N with under 15 years' service, was fully delegated to the interested party's Authorized Officer, so the Commission acted ultra vires in investigating, prosecuting, hearing and dismissing him, and that he was denied evidence, a fair hearing and a right of appeal. The respondent, through the affidavit of its Secretary/CEO Paul Famba, and the interested party, through the affidavit of Janerose Karanja, maintained that the Commission retained its Article 234 powers notwithstanding delegation, that the applicant disobeyed a lawful transfer and was absent from duty without cause, and that he was accorded a fair process including hearing before the Discipline Committee and a right of appeal. The Court held that delegation did not divest the Commission of responsibility, that the applicant showed no prejudice or manifest injustice, and that he was culpable and offered no exculpatory evidence. The application was dismissed with each party bearing its own costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether it was unprocedural or unlawful for the respondent to undertake disciplinary proceedings against the applicant by itself notwithstanding the delegation to the Authorized Officer of the interested party
  2. 2.Whether the applicant was denied fair administrative action, fair hearing and the right to appeal in the disciplinary process culminating in his dismissal
  3. 3.Whether the applicant's dismissal was valid, fair and justified on the allegations of absence from duty
  4. 4.Whether the cited Bill of Rights provisions were violated

Key legal issues

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01

Whether the respondent could discipline the applicant despite delegation to the interested party's Authorized Officer

Holding

Yes; the delegation did not divest the Commission of its powers and the respondent was entitled to conduct the disciplinary proceedings itself.

Reasoning

Section 31(3)(b) of the PSC Act provides delegation does not divest the Commission of responsibility. Regulation 5(2) of the PSC Regulations allows the Commission to take corrective measures on its own motion or upon appeal or review. Article 234(2)(b) vests disciplinary control in the Commission, section 65(1) of the PSC Act vests disciplinary power in it, and clause 27 of the delegation instrument reserves the Commission's Article 234 powers. No prejudice or manifest injustice was shown.

p. 6
02

Whether the applicant was denied a fair hearing and fair administrative action

Holding

No; the applicant was accorded a fair process and his allegations of procedural unfairness were unfounded.

Reasoning

The applicant was issued notices to show cause, responded to them, appeared before the Discipline Committee, made submissions which were considered, and was informed of his right of appeal. He never requested to cross-examine officers present. He offered no answer to the allegations of absence from duty on the merits, and the Court found he fully contributed to his dismissal, making the grievances and claimed rights violations unjustified.

p. 7
03

Whether the dismissal for absence from duty was valid and fair

Holding

Yes; the reason for dismissal was valid and the applicant was the author of his own predicament.

Reasoning

In ELRC Petition No. E127 of 2023 (Mwaure J, judgment dated 21.12.2023) it was found that the applicant disobeyed a lawful order to report to his new station and his whereabouts were unclear from June 2022 to March 2023. Despite several notices to show cause he failed to explain his whereabouts. In these proceedings he made no attempt to answer the allegations on the merits, so the dismissal was substantively and procedurally fair.

p. 7

Legal principles established

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  • A delegation by the Public Service Commission does not divest the Commission of responsibility for the exercise of delegated powers, and the Commission may take corrective measures or exercise its disciplinary powers notwithstanding the delegation.

Court orders

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  1. 1.The application (notice of motion dated 07.08.2024) is dismissed
  2. 2.Each party to bear own costs of the proceedings

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Order 53 rule 1(1)(2) and (4) of the Civil Procedure Rules and section 8(2) of the Law Reform Act; inherent power and jurisdiction of the Court

Relief refused

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Order of certiorari quashing the dismissal decision dated 04.07.2024

The Court found the respondent had jurisdiction to conduct the disciplinary process itself and that no prejudice or manifest injustice was shown

Declarations of violation of fair hearing, fair administrative action and other Bill of Rights provisions

The applicant was culpable, offered no exculpating evidence and the grievances were found unjustified

p. 7

Order of mandamus reinstating the applicant as Chief Land Registration Officer

The dismissal was found valid and fair, so reinstatement could not issue

p. 7

Payment of unpaid salaries, dues, benefits and allowances

The application was dismissed; the interested party stated salary and allowances were paid in September 2024

p. 6

Costs

Each party to bear own costs of the proceedings

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In conclusion the application is hereby dismissed and each party to bear own costs of proceedings.
p. 7Disposition
Procedural unfairness based upon that allegation for the applicant is unfounded.
p. 7Alleged unfairness of the respondent handling the discipline directly
the reason for the dismissal being valid as existing and fair as relating to his misconduct, the applicant was the sole author of his predicament
p. 7Validity and fairness of dismissal
The Court finds that the respondent was entitled to proceed as was done.
p. 7Entitlement of the Commission to commence disciplinary action itself
section 31(3) (b) of the Public Service Commission Act, 2017 provides that a delegation by the Commission shall not divest the Commission of the responsibility concerning the exercise of the powers or performance of the duty delegated
p. 6Effect of delegation of disciplinary powers

Issues in the judgment

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minor

The judgment records inconsistent dates for the show cause letter that commenced the respondent's disciplinary process in the same paragraph

minor

The replying affidavit refers to a show cause letter dated 06.06.2023 while elsewhere stating the applicant had eight months to respond to 'the show cause issued on 06.06.2024', an apparent misdated reference

minor

The case title of the parties is not stated in the judgment text; only role descriptions (ex-parte applicant, respondent, interested party) appear

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, "Catright v Public Service Commission; Principal Secretary State Department for Lands and Physical Planning (Interested Party) (Judicial Review Application E040 of 2024) [2025] KEELRC 459 (KLR)", Case Analysis (2025). Judicial Review (Notice of Motion dated 07.08.2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/459/eng@2025-02-21

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