Nyaga & 46 others v Embu County Government & 2 others; Kenya County Government Workers Union (Interested Party) (Constitutional Petition E017 of 2023) [2025] KEELRC 788 (KLR) (13 March 2025) (Judgment)

Summary at a glance

Facts

Petitioners were employed under fixed-term contracts by the respondents. The last contracts expired on 31st October 2023, and the respondents failed to renew them. The petitioners participated in a new recruitment process but were not appointed.

Issues

• Whether the petition violates the doctrine of exhaustion of local remedies
• Whether the petition is an afterthought and overtaken by events
• Whether the respondents violated petitioners' constitutional rights and fundamental freedoms
• Whether the reliefs sought are merited

Reasoning

The court upheld the petitioners' claims regarding the violation of their constitutional rights and fundamental freedoms, and ordered the respondents to provide clear terms of contract and convert the petitioners' contracts to permanent and pensionable terms.

Outcome

The petition was upheld.

Orders

• Order restraining the respondents from removing the petitioners from the payroll pending hearing and determination of the application.
• Order restraining the respondents from removing the petitioners from the payroll pending hearing and determination of the petition.
• Order for the 2nd respondent to issue the petitioners with clear and concise terms of contract.
• Order for the petitioners' contract to be converted to permanent and pensionable terms.

Remedies

• Reinstatement of the petitioners' contracts to permanent and pensionable terms.
• Clear terms of contract for the petitioners.

Authorities cited