Mohamed & 2 others v Ahmed, Wajir County Public Service Board Secretary. & 2 others (Petition E047 of 2024) [2024] KEELRC 2058 (KLR) (26 July 2024) (Judgment)

Summary at a glance

Facts

Petitioners were seconded to various capacities in the County Government of Wajir and were on permanent terms. Their salaries were stopped suddenly in April 2023 without notice, leading to their filing of County Appeals. The Public Service Commission rendered a decision on September 6, 2023, which the petitioners sought to enforce.

Issues

• Declaration that the respondents contravened Article 232(1) and 236(b) of the Constitution
• Declaration that stoppage of salaries was arbitrary and contrary to Articles 10(2)(c), 27(1), 41(1), 47, 50(1) of the Constitution
• Payment of net salaries from April 2023 up to the date of judgment
• Remission of statutory deductions to appropriate agencies
• Order of mandamus against the 3rd respondent to ensure compliance with the Public Service Commission's decision

Reasoning

The Court finds the petitioners' claim for preferential treatment by retention after serving contractual terms is not a violation of the right to life. The alleged contempt does not arise until the decree is issued and served.

Outcome

Judgment for the petitioners

Orders

• The appellants revert to the positions they held before they were seconded by the County Public Service Board
• The County Government of Wajir be and is hereby directed to pay the appellants all the accrued salaries, allowances and benefits from the date they were redeployed back by the County Public Service Board
• The respondents and the County Secretary, Wajir County Government be and are hereby directed to implement the decree of the Public Service Commission

Remedies

• Declaration that the decision by the Public Service Commission is adopted as a decree of the Court
• Payment of net salaries from April 2023 up to the date of judgment
• Remission of statutory deductions to appropriate agencies
• Order of mandamus against the 3rd respondent to ensure compliance with the Public Service Commission's decision

Authorities cited