Blow as 25 clerical officers dismissed by Nakuru County lose court case

Court Gavel. [File Courtesy]

Some 25 former clerical officers at Nakuru County have suffered a blow after a petition they filed, challenging their termination from employment, was dismissed.

Judge Ann Mwaure ruled that the 25 should have raised their complaint before the Public Service Commission (PSC) as provided under the County Government Act.

She noted that the act provided that anyone dissatisfied with a decision of the County Public Service Board, or with a disciplinary action, should appeal to the PSC first.

“The petitioners should have utilised the internal dispute resolution mechanisms provided under Section 77 of the Act, which makes it mandatory for them to appeal before the PSC,” ruled Ms Mwaure.

He ruled that the petition was prematurely filed in the court before the 25 exhausted all outside court mechanisms.

“The court holds that the case is improperly filed and should be referred to the appropriate body. The court should be the last resort,” she ruled.

The judge struck out the petition filed on October 13, 2025, but she granted them time, despite the expiry of 90 days, to file their petition before the PSC.

The county dismissed the 25 officers, who were employed in January 2014, and were set to start serving under Permanent and Pensionable (PNP) terms effective August 1, 2025.

In Termination Letters dated July 28, 2025, signed by recently appointed Chief Officer (CO) Public Service and Devolution Joseph Kibusia, the 25 ceased working for the county from October 1, 2025.

According to the letters, the appointment of the 25 was contrary to Section 63 of the County Government Act and the Laws of Kenya.

The letters did not expound how the appointment contravened the section, which gives powers to the County Public Service Board (PSB) to appoint and promote staff at the request of the CO.

“This is to convey the decision of the board that your appointment as a Clerical Officer by the County Secretary and Head of Public Service dated January 20, 2014, was in contravention of section 63 of the County Government Act and Laws of Kenya,” read one of the letters in part.

In one of the letters, a Cleaning Supervisor was dismissed from work on July 31, 2025.

Controversially, the letter admitted that following a suitability assessment conducted by the same board, the supervisor had qualified to be retained under PNP terms.

“The assessment shows that, as per your qualifications, you were appointed on PNP terms of service effective August 1, 2025.

According to the letter, the board took into consideration the 11 years in service and recommended that the supervisor be retained.

However, the letter added that another communication from PSB’s secretary, dated August 20, noted that the supervisor did not accept his appointment.

“The board informed this office that you did not pick the appointment letter, hence deemed that you did not accept the Offer of Appointment,” suggested the letter.

Some of those who have been dismissed from work include senior office assistants, cleaning supervisors, and office secretaries, among others.

Aggrieved, they moved to court and challenged their ouster, terming it unconstitutional and unfair.

They said their termination was contrary to the County Government Act and urged the court to intervene.

In response, the county submitted that the court had no jurisdiction to hear and determine the case because all avenues to resolve the dispute had not been exhausted.