Kenya County Government Workers Union v County Government of Bomet & another (Employment and Labour Relations Cause E016 of 2022) [2024] KEELRC 430 (KLR) (29 February 2024) (Judgment)

Summary at a glance

Facts

The Kenya County Government Workers Union filed a claim against the County Government of Bomet and the County Public Service Board of Bomet, alleging violations of the Constitution and unlawful termination of employment.

Issues

• Whether the claimant is entitled to a declaration that the grievants' fundamental rights and freedoms under Articles 41, 47, and 50 of the Constitution were violated.
• Whether the notice of termination letters and extension of contract letters are irregular, unlawful, and null and void.
• Whether the claimant is entitled to an order for the reinstatement of the grievants to their former positions without any loss of benefits and conditions.

Reasoning

The court found that the unilateral decision and action of the respondents violated the Constitution and was therefore unlawful.

Outcome

The court upheld the claimant's claims and issued the orders as stated.

Orders

• A declaratory order that the grievants' fundamental rights and freedoms were violated.
• A declaration that the notices/letters were null and void.
• An order to quash the impugned notices/letters.
• An order prohibiting the respondents from interviewing, recruiting, and employing replacements for the grievants.
• An order to pay pending salaries and benefits to the grievants.
• An order for the respondents to meet the costs of the cause.

Remedies

• Reinstatement of the grievants to their former positions without any loss of benefits and conditions.

Authorities cited