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ELRCPartially AllowedPetition No. E006 of 2024

Winny Cheptoo Ngeno & 482 Others v County Public Service Board, County Government of Trans Nzoia & Another

Employment & Labour Relations Court of Kenya
24 September 2026
6,348 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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483 Trans Nzoia county workers won recognition as regular employees, but the court stopped short of making them permanent and pensionable.

What this practically means

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Executive summary

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483 petitioners, engaged by the County Government of Trans Nzoia from 2002 onwards and designated as casual employees, petitioned alleging violation of Articles 3, 10, 20, 27, 28 and 41 of the Constitution. They sought declarations that their employment had converted to permanent and pensionable terms under section 37 of the Employment Act, written contracts, damages, and back pay and allowances. The Respondents denied continuous employment, relying on a task-force audit and a staff-rationalisation exercise, and objected to the Petition's competency on precision and authority grounds. The Court held the Petition competent, finding the constitutional complaints sufficiently pleaded and the lack of individual affidavits immaterial. On the evidence - appointment letters, bank statements showing continuous monthly payment, and concessions by the County Secretary that most Petitioners were paid continuously and some improperly designated casuals - the Court found the engagements had converted by operation of section 37 into regular contracts of service. It declared the Respondents violated the Petitioners' rights to fair labour practices, equality, dignity and property. However, it declined the declaration of automatic permanent and pensionable status, holding section 37 converts employment to monthly-wage contracts only; declined constitutional damages as the declarations and contract order sufficed; and declined monetary claims as unproved special damages. The Respondents were ordered to issue written contracts within sixty days and to pay the Petitioners' costs.

Key legal issues

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01

Competency of the Petition (precision and authority of deponents)

Holding

Petition met the Anarita Karimi Njeru threshold; failure of some Petitioners to swear affidavits did not extinguish their claims

Reasoning

The Petitioners identified Articles 27, 28, 40 and 41 and set out the acts and omissions complained of, so the Respondents were not taken by surprise and filed a substantive response. All 483 Petitioners were named as parties, affidavits concerned common employment practices, and documentary evidence plus RW1's concessions confirmed the employment relationship.

p. 20
02

Nature of the employment relationship

Holding

Petitioners are regular employees; their engagements converted by operation of law under section 37 of the Employment Act

Reasoning

Petitioners served continuously for two to twenty-two years, were paid monthly through bank accounts, were on the payroll with personal numbers, and performed work of a continuous nature. RW1 conceded continuous payment and that some were improperly designated casuals. Respondents produced no records showing intermittent engagement, and cannot rely on records they were obliged to keep.

p. 27
03

Violation of constitutional rights

Holding

Respondents violated rights to fair labour practices (Article 41), equality, dignity and property (Articles 27, 28, 40)

Reasoning

Prolonged designation as casuals despite continuous service and monthly pay was inconsistent with section 37 and Article 41. Failure to issue written contracts as required by sections 9 and 10 violated statutory and constitutional rights. Respondents did not deny that Petitioners performed similar duties but were paid differently, proving discrimination.

p. 30
04

Remedies

Holding

Declarations on conversion, entitlement to statutory safeguards and violation granted; written contracts ordered within 60 days; damages and monetary claims declined

Reasoning

Declarations vindicating employment status and the order for written contracts provided sufficient redress, so constitutional damages were unwarranted. Monetary claims failed as unproved special damages. The permanent-and-pensionable declaration was refused because section 37 does not provide for automatic appointment to such positions.

p. 36

Legal principles established

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  • Where a casual employee works for a period equivalent to not less than one month or performs work not completable within three months, the contract converts by operation of law to one where wages are paid monthly under section 37 of the Employment Act
  • An employer cannot rely on the absence of employment records which it was statutorily required to maintain to defeat employees' claims
  • Section 37 does not confer automatic appointment to permanent and pensionable positions in county public service

Court orders

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  1. 1.A declaration that the Petitioners' employment ceased to be casual and converted, by operation of section 37 of the Employment Act, into regular contracts of service under which wages are payable monthly as provided under section 35(1)(c) of the Act
  2. 2.A declaration that the Petitioners are entitled to the rights, safeguards and minimum terms and conditions of employment prescribed under the Employment Act and relevant terms of employment for regular employees of the Respondents, including protection from unfair termination
  3. 3.A declaration that the Respondents violated the Petitioners' right to fair labour practices under Articles 27, 28, 40 and 41 of the Constitution by continuing to designate and treat them as casual employees after their contracts had converted by operation of law
  4. 4.The Respondents are directed to issue to each Petitioner a written contract setting out their respective terms and conditions of employment in compliance with sections 9, 10 and 37 of the Employment Act and relevant terms of service applicable to their regular employees within sixty days from the date of the Judgment
  5. 5.The Respondents shall bear the Petitioners' costs of the Petition
Jurisdiction invoked
Articles 3, 10, 20, 27, 28 and 41 of the Constitution; Employment Act, 2007 (sections 2, 9, 10, 35(1)(c), 37)

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, "Winny Cheptoo Ngeno & 482 Others v County Public Service Board, County Government of Trans Nzoia & Another", Case Analysis (2026). Petition No. E006 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2699/eng@2026-09-24

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