Seventeen doctors in Kakamega have secured a crucial victory in their legal battle against the county government over unpaid salaries and alleged unfair dismissals. The Employment and Labour Relations Court, in a ruling delivered on May 8, 2025, allowed their case to proceed, dismissing a preliminary objection from the county.
Justice David N. Nderitu ruled that the matter falls within the court’s jurisdiction and not that of the Public Service Commission, as argued by the county. “The Commission shall not be timely and effective in resolving the issues raised,” he stated, highlighting that the PSC lacks the legal mandate to handle the constitutional and contractual violations alleged.
The doctors, led by Dr. Maureen Maleche Aleyo, filed the case after they were abruptly removed from the county payroll on August 21, 2024. They claim the action amounted to economic, financial, and psychological torture, violating their employment and constitutional rights.
The dispute dates back to a strike earlier in 2024, which had been resolved through a Return-to-Work Formula (RTWF) signed on May 8, 2024. However, following a county “consultative” meeting on September 16, 2024, show-cause letters were issued retroactively, effectively undoing the RTWF agreement, according to the doctors.
The county government had argued that the doctors should have appealed through the Public Service Commission under Section 77 of the County Governments Act. However, Justice Nderitu rejected the application of the “doctrine of exhaustion” in this case, stating that the PSC lacks authority to handle alleged breaches of constitutional rights and formal employment agreements.
The court also noted the county government failed to file any response to the claims, leaving the doctors’ accusations “unchallenged and uncontroverted.” Justice Nderitu ordered the case to proceed to a full hearing on a priority basis and directed the county government to cover the costs of the dismissed objection.
The applicants include: 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.
The case now moves to full hearing as the doctors seek reinstatement and payment of withheld salaries.
Written By Rodney Mbua
