Nyeri, Kenya| In a decisive ruling, the Employment and Labour Relations Court in Nyeri has ordered the immediate reinstatement of Mr. Salad Boru Guracha as the Clerk of the Isiolo County Assembly, declaring his removal by Speaker Mohammed Roba Qoto as unlawful and procedurally defective.
The judgment, delivered by Justice Onesmus Makau, underscores significant breaches of constitutional principles and statutory provisions, spotlighting critical issues in county governance and fair labour practices.
Unlawful Suspension and Procedural Flaws
On June 16, 2025, Speaker Mohammed Roba Qoto issued a compulsory leave directive to Mr. Guracha, prompting the Clerk to challenge the decision in court.
Justice Makau’s ruling granted conservatory orders suspending the Speaker’s directive, stating it lacked legal authority and violated the County Assembly Services Act (CASA). The court clarified that only the County Assembly Service Board (CASB) holds the mandate to suspend or discipline the Clerk, and no board resolution was passed to authorize the action.
“The Speaker’s letter of compulsory leave is null and void for want of legal authority,” Justice Makau declared, noting that the absence of a CASB resolution rendered the move invalid.
The court further criticized the Isiolo County Assembly for failing to establish proper disciplinary regulations as mandated under Section 18 of the CASA, a gap that contributed to the procedural irregularities in Guracha’s case.
Upholding Constitutional Values
The ruling emphasized the importance of constitutional principles, including fair labour practices enshrined in Article 41 of the Kenyan Constitution.
Justice Makau highlighted that allowing an unlawful suspension to stand would undermine public interest and erode trust in county governance. “The Clerk’s continued exclusion from office without due process is contrary to the values of fairness and accountability,” the judge stated.
The court also dismissed a motion by the respondents to review earlier interim orders, ruling that it had been overtaken by events given the substantive findings on the case. This decision reinforces the judiciary’s role in safeguarding constitutional protections against arbitrary administrative actions.
Reinstatement and Access to Office
In a clear directive, the court ordered that Mr. Guracha must not be blocked or denied access to his office as the Clerk of the Isiolo County Assembly.
The ruling ensures that he can resume his duties immediately, pending any further legal proceedings. Additionally, the court awarded all costs of the case to the petitioner, signaling a strong stance against unlawful actions by public officials.
Broader Implications for County Governance
The reinstatement of Mr. Guracha sets a significant precedent for county assemblies across Kenya, highlighting the need for adherence to statutory frameworks and due process in employment matters.
The ruling exposes systemic gaps in the governance structures of some county assemblies, particularly the failure to establish functional disciplinary mechanisms as required by law.
Legal experts have hailed the decision as a victory for accountability and the rule of law. “This judgment sends a clear message that unilateral actions by individual officeholders, without proper legal backing, will not stand,” said constitutional lawyer Jane Wambui. “It’s a reminder to county assemblies to align their practices with the law.”
Context of the Dispute
The case stems from internal wrangles within the Isiolo County Assembly, where tensions between the Speaker and the Clerk reportedly escalated.
While the specific reasons for the compulsory leave directive were not detailed in the court’s ruling, the lack of procedural fairness and legal authority formed the crux of the dispute. The decision to reinstate Guracha not only restores his position but also underscores the judiciary’s role in checking overreach by county officials.
Public Interest and Next Steps
The court’s emphasis on public interest reflects the broader implications of the case for Isiolo residents, who rely on the County Assembly to deliver effective governance. By reinstating the Clerk, the court has ensured continuity in the Assembly’s administrative functions, which are critical to legislative processes and public service delivery.
As the Isiolo County Assembly navigates the fallout from this ruling, attention will likely turn to the CASB’s next steps. Establishing clear disciplinary regulations and ensuring compliance with the County Assembly Services Act will be critical to preventing similar disputes in the future.
Looking Ahead
The Nyeri Employment and Labour Relations Court’s ruling in favor of Mr. Salad Boru Guracha marks a pivotal moment in upholding fair labour practices and constitutional governance in Kenya’s devolved units.
By declaring the Clerk’s removal unlawful and ordering his immediate reinstatement, the court has reaffirmed the importance of due process and accountability in public administration.
As county assemblies across the nation take note, this landmark decision is poised to shape the future of governance and employment practices in Kenya’s devolved system.
Share This Post