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Case Brief · caselaw.co.ke
ELRCPartially AllowedPetition No. E139 of 2026

Pamela Nzambi Venda v Office of the Director of Public Prosecutions & 2 others

Employment and Labour Relations Court
7 October 2026
8,028 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~32 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court quashed an ODPP transfer issued during an employee's leave without notice, ruling employers must follow their own transfer policies.

What this practically means

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Executive summary

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The petitioner, a Principal Prosecution Counsel at the ODPP, challenged her transfer from ODPP Kajiado County to ODPP Voi Sub-County, Taita Taveta County by letter dated 13th April 2026, issued while she was on annual leave, with immediate reporting required to a station about 329 km away. She alleged violation of Articles 27, 41, 45, 47, 53 and 232 of the Constitution, the ODPP Deployment and Transfer Policy, 2018 and the Fair Administrative Action Act, and sought declarations, certiorari, an injunction, a direction to designate her within Nairobi, general damages and costs. The Respondents defended the transfer as a lawful exercise of managerial prerogative under the Policy, contended the petitioner had not exhausted internal mechanisms, and sought striking out of the individual officers. The court struck out the names of the 2nd, 3rd and 4th Respondents, holding that the petitioner failed to discharge the heavy burden of proving bad faith, the officers enjoyed statutory good faith immunity under section 15 of the ODPP Act, and the only relief sought against them was costs. On the merits, the court found the transfer violated the Deployment and Transfer Policy - issued during leave, without adequate notice, and requiring immediate reporting - and breached section 43(3) of the Public Service Commission Act by ignoring the interests of the petitioner's minor children, rendering it an unfair labour practice under Article 41(1). However, the court declined the injunction and general damages, holding the transfer did not violate the right to family or the children's rights, and no prima facie discrimination was established. The transfer letter was quashed and the Respondent directed to transfer or deploy the petitioner within reasonable commuting distance of Nairobi for the remainder of 2026. Each party was 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 the 2nd, 3rd and 4th Respondents were improperly joined and their names should be struck out
  2. 2.Whether the petitioner was transferred or deployed to Voi Sub-County
  3. 3.Whether the transfer or deployment was in breach of constitutional provisions
  4. 4.Whether the Respondent ought to have taken into consideration the petitioner's family situation before making the decision to deploy or transfer the petitioner
  5. 5.Whether the petitioner is entitled to the reliefs sought

Key legal issues

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01

Misjoinder of the 2nd, 3rd and 4th Respondents

Holding

Their names were struck out; the petitioner failed to prove bad faith and sought only costs against them

Reasoning

Section 15 of the ODPP Act protects officers acting in good faith from personal liability. The petitioner alleged bad faith but adduced no evidence from which bad faith could be inferred against the officers collectively. The only relief sought against them was costs, which is not a substantive relief.

p. 16
02

Transfer versus deployment

Holding

Nothing turns on the distinction; the Respondent uses the terms interchangeably

Reasoning

The ODPP Act does not define the terms; the Policy defines transfer as relocation with a changed pay point and deployment as temporary movement with the pay point unchanged. None of the earlier letters specified durations, and the Respondent used the terms interchangeably, so the wording of the letter was inconsequential.

p. 18
03

Breach of the Deployment and Transfer Policy, 2018

Holding

The transfer violated the Policy: it was issued during annual leave, with immediate reporting to a station 329 km away, and without adequate notice

Reasoning

Section 3(vi) of the Policy was violated by issuing the letter during leave; paragraph one of the letter breached section 3(viii) on adequate notice for family arrangements. The DPP was nonetheless obligated to exercise his powers rationally and reasonably despite section 5(v).

p. 22
04

Violation of Articles 47, 41, 45, 53 and 232 of the Constitution

Holding

The transfer was unfair under Article 41(1) and breached section 43(3) of the Public Service Commission Act, but did not violate the right to family or the children's rights

Reasoning

Terms of transfer fall under fair labour practices; the immediate transfer without notice failed that threshold. However, an ordinary transfer of a public officer does not per se violate children's educational rights, and the right to work and the right to family must co-exist.

p. 30
05

Discrimination under Article 27 and Section 5(3) of the Employment Act

Holding

No prima facie case of discrimination established; comparators were not shown to be similarly circumstanced

Reasoning

The three colleagues transferred on similar terms were the comparators, but the petitioner failed to avail evidence that they were similarly circumstanced and treated differently. The law only prohibits legally unjustifiable differentiation of persons similarly circumstanced.

p. 32

Legal principles established

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  • Transfer of staff is a managerial prerogative of the employer, an integral part of the contract of employment, and the law is concerned only with the fairness of the process
  • An employer has no carte blanche in effecting transfers and must comply with its own policies and applicable law
  • Bad faith is a serious allegation attracting a heavy burden of proof
  • Under section 43(3) of the Public Service Commission Act, the interest of the children of an affected public officer must be taken into account in effecting a transfer
  • No suit shall be defeated by misjoinder or non-joinder of parties

Court orders

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  1. 1.Declaration that the transfer letter dated 13th April 2026 (Ref. No. 20121044688 (83) transferring the petitioner from ODPP Kajiado to ODPP Voi Sub-County was unfair
  2. 2.Declaration that the Respondent's failure to take into consideration the Petitioner's children who were minors was unlawful
  3. 3.Declaration that issuance of the transfer letter during the petitioner's approved leave without prior notice was unreasonable
  4. 4.An order of certiorari calling into the court and quashing the transfer letter dated 13th April 2026 (Ref. No. 20121044688 (83)
  5. 5.The Respondent is directed to transfer or deploy the petitioner to a station within reasonable commuting distance of Nairobi for the remainder of the year 2026
  6. 6.The names of the 2nd, 3rd and 4th Respondents struck out from the petition
  7. 7.Each party to bear 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 22, 23, 27, 28, 41, 53 and 232 of the Constitution; Rule 4 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013; Section 12 of the Employment and Labour Relations Court Act

Relief refused

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Injunction restraining implementation of the transfer letter or further transfers

It would deny the ODPP the power to transfer prosecution staff based on exigencies of duty

p. 33

General damages for violation of constitutional rights

Petitioner remains in employment under a contract of service

p. 33

Costs borne by the Respondents jointly and severally

Petitioner still in Respondent's employment

p. 33

Costs

Each party to bear 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.

Declaration that the transfer letter dated 13 th April 2026 (Ref. No. 20121044688 (83) transferring the petitioner from ODPP Kajiado to ODPP Voi Sub-County was unfair.
p. 32Final orders - declaration of unfairness
An order of certiorari calling into this court and quashing the transfer letter dated 13 th April 2026 (Ref. No. 20121044688 (83).
p. 33Final orders - certiorari
the Respondent is directed to transfer or deploy the petitioner to a station within reasonable commuting distance of Nairobi for the remainder of the year 2026.
p. 33Final orders - mandatory direction
Considering that the petitioner is still in the Respondent's employment under a contract of service, parties shall bear their own costs.
p. 33Final orders - costs
Clearly, the employer has no carte blanche in effecting transfer of staff.
p. 27Limits on managerial prerogative
In a transfer the member of staff should be the focus not the service, for the simple reason that one is dependent on the other.
p. 24Human resource practice
Prosecutorial, judicial and administrative parliamentary are not emergencies. They are flexible and adjustable so should be the transfer of employees.
p. 24Reasonableness of transfers
Bad faith is a serious allegation which attracts a heavy burden of proof
p. 15Bad faith - burden of proof

Issues in the judgment

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minor

Service dates at ODPP Kajiado conflict between parties' pleadings

material

Judgment refers to a 4th Respondent though only three respondents are named in the cause title

minor

Mboya citation given inconsistently as KEHC 10916 and KEHC 10910

minor

Namu citation given inconsistently as KEELRC 123 and KEELRC 1231

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, "Pamela Nzambi Venda v Office of the Director of Public Prosecutions & 2 others", Case Analysis (2026). Petition No. E139 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2767/eng@2026-10-07

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