David & 3 others v Migori County Public Service Board & another (Petition E053 of 2021) [2022] KEELRC 14738 (KLR) (30 March 2022) (Judgment)

Facts

The petitioners were appointed as Municipal Managers of the County Government of Migori under the Urban Areas and Cities Act, 2019. The 1st Respondent (County Public Service Board) issued a letter deeming their services dismissed on 28th March, 2019, by operation of the Act. The petitioners seek a declaration that this decision is unlawful and a violation of their rights.

Issues

1. Whether the interpretation of the Amended Urban Areas and Cities Act, 2019, translates to termination of the petitioners' services by operations of law.
2. Whether the 1st Respondent's decision to deem the petitioners' services dismissed is arbitrary, unilateral, and an unreasonable change in their terms of service, thus amounting to unfair labour practices and being unconstitutional.

Reasoning

The court held that the amendments to the Act are prospective and not retrospective, as there are no transitional clauses or compensation mechanisms provided for in the Act. The court also distinguished the case of Magerer Langat & another v Paul Kiprono Chepkwony, stating that the holding in that case is persuasive but not binding.

Outcome

The petitioners' claims are dismissed.

Authorities cited