KAKAMEGA, May 9, 2025 – The Employment and Labour Relations Court in Kakamega has dismissed a preliminary objection by the Kakamega County Government, allowing a judicial review case by 17 doctors over unpaid salaries and alleged unfair dismissal to proceed. Justice David N. Nderitu’s May 8, 2025, ruling rejected the county’s claim that the court lacked jurisdiction, paving the way for a full hearing.
The doctors, led by Dr. Maureen Maleche Aleyo, filed the case against the County Government, Governor, County Secretary, and Chief Officers for Medical Services and Public Service, with the Kakamega County Public Service Board as an interested party. They sought to quash show-cause letters dated August 21, 2024, issued after a “consultative” meeting on September 16, 2024, and to enforce a Return to Work Formula (RTWF) agreed on May 8, 2024, following a strike. The doctors claimed their removal from the payroll since August 21, 2024, was “tantamount to economic, financial and psychological torture” and a breach of constitutional and employment rights.
The county argued the doctors should have appealed to the Public Service Commission under Section 77 of the County Governments Act, citing the doctrine of exhaustion. Justice Nderitu disagreed, stating, “The issues raised by the applicants are well within the jurisdiction of this court and a critical view of the proceedings and the issues raised by the applicants reveal that the same cannot be heard and determined within the limited jurisdiction of the Commission.” He added, “The Commission shall not be timely and effective in resolving the issues raised by the applicants as it lacks jurisdiction over the same.”
The court noted the county’s failure to respond to the doctors’ claims, leaving their facts “unchallenged and uncontroverted.” Justice Nderitu ordered the case to proceed “on priority basis,” dismissing the county’s objection with costs.
The applicants are Dr. Maureen Maleche Aleyo, Dr. Sharon Oginda, Dr. Sarah Agunda, Dr. Benson Maina, Dr. Nelson Oduor, Dr. Kohe Alexandre, Dr. Geoffrey Matete, Dr. Bonface Nyumbile, Dr. Faith Mutai, Dr. Louis Wekesa, Dr. Brian Opondo, Dr. Jedidah Kimutai, Dr. Evans Malenje, Dr. David Andambi, Dr. Sarah Okiya, Dr. Barbara Murila, and Dr. Yonah Oluoch Opondo.
By Robert Amalemba
Contact: robertamalemba@gmail.com