Shadrack Waigwa Ndung’u & 64 others v Nyeri County Government & another [2017] KEELRC 1628 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1628
- Citation
- [2017] KEELRC 1628 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureAppeal from the original trialCoramBYRAM ONGAYA
Holding
The claimants are entitled to be absorbed into the service of the respondents on permanent and pensionable terms of employment effective 01.07.2015
Facts
Claimants were employed as Youth Polytechnic Instructors by the Public Service Commission and later transferred to the Nyeri County Government. They were dismissed after a suitability interview, leading to a lawsuit.
Issues
- Whether the claimants are entitled to absorption into the public service of the Nyeri County Government
- Whether the claimants are entitled to permanent and pensionable terms of employment
Reasoning
The court found that the claimants worked up to 04.12.2015 and that the suitability interviews were fair, thus absolving the claimants of desertion charges.
Outcome
Judgment in favor of the claimants
Orders
- Permanent injunction against the 2 respondent from subjecting the claimants to interviews for the posts of Youth Polytechnic Instructors III, Job Group H
- Payment of salaries and allowances for Youth Polytechnic Instructors III, Job Group H as per the payment for the permanent and pensionable officers in that job group for the period 01.07.2015 to 04.12.2015
- Declaration that the claimants are absorbed into the service of the respondents on permanent and pensionable terms of employment effective 01.07.2015
- Claimants to report to the respective station of duty, as deployed as at 01.07.2015, and to be assigned duties effective 20.03.2017 at 8.00am
- Respondents to pay the claimants' costs of the suit
Remedies
- Absorption into permanent and pensionable terms of employment
- Payment of salaries and allowances
Authorities cited
Legislation (2)
- County Governments Act, 2012
- Constitution of Kenya, 2010
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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