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ELRCDismissedPetition (Nyamira County Assembly Service Board members' removal) — number not stated in judgment

Mogaru & another v Speaker County Assembly of Nyamira & 2 others; Nyamira County Assembly Board & another (Interested Parties) (Petition E002 of 2024) [2025] KEELRC 995 (KLR)

Employment and Labour Relations Court
25 March 2025
3,435 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court ruled it cannot hear disputes over removing County Assembly Service Board members — only the High Court can.

What this practically means

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Executive summary

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The Petitioners, appointed as external members of the Nyamira County Assembly Service Board by Gazette Notice No. 14017 of 1st November 2022, challenged their removal on 28th November 2024 following a motion moved by Hon. Doris Nyamanga and a plenary hearing conducted by the 2nd and 3rd Respondents. They sought declarations that the summons of 26th November 2024 and the removal resolution were unconstitutional, null and void, and a permanent injunction, alleging breaches of Articles 41, 47, 50 and 258, the Fair Administrative Action Act, the County Governments Act and natural justice. Their core contentions were that the 3rd Respondent was under suspension when he issued the summons, that removal had to be initiated by a public petition rather than an MCA's motion, and that the Assembly had adjourned sine die and lacked a Speaker. The 2nd and 3rd Respondents maintained the removal was lawful, that the 3rd Respondent was the duly confirmed Acting Clerk, and that notices published by the impeached Speaker were stayed. The court framed twin issues of jurisdiction and validity of removal, and, applying the Court of Appeal's decision in Governor, County Government of Kakamega v Omweno [2025] KECA 190, held that disputes over removal of County Assembly Service Board members are constitutional questions reserved for the High Court, not employment disputes for the ELRC. Lacking jurisdiction, the court declined to consider the merits or the effect of prior High Court orders, dismissed the petition, and ordered each party to bear their 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 this Court has jurisdiction to handle the Petition
  2. 2.Whether the Petitioners were validly removed as members of the Nyamira County Assembly
  3. 3.Who should bear the costs of the Petition

Key legal issues

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01

Whether the ELRC has jurisdiction over removal of County Assembly Service Board members

Holding

It does not; removal of such members is a constitutional process under Article 252/251 for the High Court.

Reasoning

Relying on the Court of Appeal's decision in Governor, County Government of Kakamega & 4 others v Omweno [2025] KECA 190 (KLR), the court held that removal of County Service Board members is governed by constitutional processes, not employment law or disciplinary procedures. Since the subject matter was a constitutional question, the ELRC was divested of jurisdiction notwithstanding that a sister judge (Keli J) had initially assumed jurisdiction in the same matter.

p. 6
02

Validity of the Petitioners' removal process

Holding

Not determined, for want of jurisdiction.

Reasoning

The court expressly declined to examine the merits — including the alleged procedural irregularities, the status of the 3rd Respondent, the adjournment of the Assembly sine die, and the effect of the Nyamira High Court orders — because jurisdiction is a threshold issue: without it, the court cannot take any further step.

p. 5

Legal principles established

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  • The ELRC lacks jurisdiction over disputes concerning the removal of County Assembly Service Board members; such matters are constitutional questions for the High Court.
  • Jurisdiction is foundational and may be raised by the court suo motu at any stage.

Court orders

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  1. 1.The Petition is dismissed
  2. 2.Each party bears their own costs

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Articles 252 of the Constitution and the ELRC Act (jurisdiction challenged on the basis the dispute is constitutional, not employment); ELRC original jurisdiction

Relief refused

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All declarations sought that the summons of 26th November 2024 and the removal resolution of 28th November 2024 were unconstitutional, null and void

The court declined to determine the merits because it lacked jurisdiction

p. 7

Permanent injunction restraining the Respondents from revoking the Petitioners' appointments other than under section 10 of the County Assembly Service Act

Not considered for want of jurisdiction

p. 7

Costs

Each party bears their own costs

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.

Jurisdiction is everything. Without it, a court has no power or authority to take one more step.
p. 5Threshold jurisdiction
It is incumbent upon every judicial or quasi-judicial tribunal or court to satisfy itself that it has jurisdiction to entertain a matter before settling down to hear it.
p. 5Court may raise jurisdiction suo motu
As I have no jurisdiction I down my tools and will not examine any other aspects of the case including the orders previously obtained in Nyamira High Court, their import and the reliefs the Petitioners could have been entitled to. The Petition is dismissed with an order that each party bears their own costs.
p. 7Final orders — dismissal for want of jurisdiction

Issues in the judgment

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minor

Petitioners assert the 2nd Interested Party was appointed Acting Clerk via Gazette Notice No. 14230 'of 26th October 2024' in one passage but 'of 20th October 2024' in another; the dates conflict within 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, "Mogaru & another v Speaker County Assembly of Nyamira & 2 others; Nyamira County Assembly Board & another (Interested Parties) (Petition E002 of 2024) [2025] KEELRC 995 (KLR)", Case Analysis (2025). Petition (Nyamira County Assembly Service Board members' removal) — number not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/995/eng@2025-03-25

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