Muiru v Kenya National Library Services; County Government of Nyeri (Third party) (Cause E018 of 2024) [2025] KEELRC 2126 (KLR)
The bottom line
#A Kenyan court ruled that when a national agency's functions move to a county, unpaid salary arrears owed before the transfer remain recoverable — both entities must pay.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the claimant had outstanding salary arrears before his transfer to the third party, and if so, how much
- 2.Who is liable to pay the claimant the arrears sought
Key legal issues
#Whether the claimant had outstanding CBA salary arrears before his transfer to the third party
Yes - the respondent never paid the CBA salary arrears of Kshs.465,863 which are still owing
A CBA dated 10th July 2019 concluded between KUCFAW and the respondent covered the period July 2013 to June 2017 and remained in force until amended. The claimant was covered from 1st July 2013 until 1st March 2019 when he was promoted. The court accepted his computation of Kshs.701,552 in arrears, of which Kshs.235,869 was paid in 2019 and 2020, leaving Kshs.465,863 outstanding. The conciliator had also recommended payment of that sum.
Who is liable to pay the arrears - the respondent or the third party (County Government of Nyeri)
Both the respondent and the third party are liable jointly and severally
Article 187(2) of the Constitution requires that resources necessary for a transferred function be transferred. The best way to effect transfer of liabilities was by executing an IPA, but the parties eschewed existing liabilities in the IPA dated 15th November 2023. Because the IPA provided an alternative forum for settling transfer disputes, the court declined to determine which entity should solely bear liability and instead held both liable jointly and severally.
Legal principles established
#- Where a function or power is transferred from one level of government to another, arrangements must ensure that resources necessary for the performance of the function, including existing liabilities, are transferred
- Where the instrument of transfer (IPA) is silent on existing liabilities and provides an alternative forum for such disputes, the transferring entity and the receiving county remain jointly and severally liable to the employee
Court orders
#- 1.The respondent and the third party are held liable jointly and severally to pay the claimant salary arrears of Kshs.465,863 which accrued before his services were transferred to the third party
- 2.The claimant is awarded costs of the suit
- 3.Interest on the awarded sum at court rate from the date of filing the suit until payment in full
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act; transfer of functions under Article 187 of the Constitution considered
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.
Having considered the evidence before me, I find and hold that the respondent never paid the claimant his CBA salary arrears of Kshs.465,863 which is still owing.
I will therefore not make a determination of who between the respondent and the third party should pay the salary arrears to the claimant. I will hold the two liable jointly and severally.
The claimant is also awarded costs and interest at court rate from the date of filing the suit till payment in full.
Issues in the judgment
#The claim is pleaded as Kshs.465,683 but the court's findings and award consistently use Kshs.465,863 - an apparent typographical discrepancy in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muiru v Kenya National Library Services; County Government of Nyeri (Third party) (Cause E018 of 2024) [2025] KEELRC 2126 (KLR)", Case Analysis (2025). Cause E020 of 2024 (test suit for Cause E019 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2126/eng@2025-07-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.