Court Strikes Out Nakuru Clerks’ Petition, Refers Dispute To PSC

By Suleiman Mbatiah

The fate of 25 County Government of Nakuru clerical officers now rests with the Public Service Commission after the Employment and Labour Relations Court struck out their petition challenging an alleged dismissal and reappointment process.

Employment and Labour Relations Court Judge Anna Ngibuini Mwaure upheld a preliminary objection by the County Government of Nakuru and removed the matter from the court’s docket.

The court found the dispute fell squarely within the mandate of the Public Service Commission under Article 234(2)(i) of the Constitution and relevant statutory provisions.

“A person shall not file any legal proceedings in any Court of law with respect to matters within the jurisdiction of the Commission… unless the procedure provided for under this Part has been exhausted,” the judge quoted from Section 87(2) of the Public Service Commission Act.

The 25 petitioners, led by Saibala Chepkemoi Maureen, had moved to court arguing they were irregularly targeted in a restructuring exercise affecting clerical officers employed since 2014.

They said they were confirmed as permanent and pensionable staff in 2015 but were in July 2025 directed to collect fresh appointment letters without prior dismissal or disciplinary proceedings.

According to the ruling, some officers were allegedly terminated and others reappointed based on qualifications, though the changes were not formally communicated to all affected employees.

The petitioners maintained that their constitutional rights had been violated and argued that the labour court had jurisdiction to hear and determine the dispute.

However, the judge cited appellate authority stressing that statutory dispute resolution mechanisms must be exhausted before judicial intervention is sought.

“Where there exists other sufficient and adequate avenue or forum to resolve a dispute, a party ought to pursue that avenue or forum and not invoke the court process,” the court quoted a judicial precedent.

Justice Mwaure held that the case “should have been heard by the appropriate body provided by legislation being the Public Service Commission instead of using the court as the first port of calling.”

Even so, the court granted the petitioners leave to file an appeal before the commission despite expiry of the statutory 90-day timeline.

“This being a court which seeks to dispense justice without undue technicalities… will give the Petitioners leave even though 90 days have expired… to file their petition before the Public Service Commission right away,” the judge ruled.

Each party was ordered to bear its own costs.