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)
The bottom line
#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
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether this Court has jurisdiction to handle the Petition
- 2.Whether the Petitioners were validly removed as members of the Nyamira County Assembly
- 3.Who should bear the costs of the Petition
Key legal issues
#Whether the ELRC has jurisdiction over removal of County Assembly Service Board members
It does not; removal of such members is a constitutional process under Article 252/251 for the High Court.
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.
Validity of the Petitioners' removal process
Not determined, for want of jurisdiction.
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.
Legal principles established
#- 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
#- 1.The Petition is dismissed
- 2.Each party bears their own costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
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
#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
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
Costs
Each party bears their own costs
Quotable passages
#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.
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.
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.
Issues in the judgment
#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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.