Kakamega doctors win first round in dispute with county gov’t over unpaid salaries, dismissals

The Employment and Labour Relations Court in Kakamega has given a green light to a case filed by 17 doctors citing their unpaid salaries and alleged unfair dismissals by the county government.

Justice David N. Nderitu, in a ruling delivered on May 8, 2025, dismissed a preliminary objection filed by the county government, which had argued that the court lacked jurisdiction to hear the matter.

The judge firmly disagreed, stating that the case falls squarely within the court’s jurisdiction and cannot be adequately addressed by the Public Service Commission.

“The Commission shall not be timely and effective in resolving the issues raised,” ruled Justice Nderitu, noting that the Commission also lacked the legal mandate to hear the dispute.

The doctors, led by Dr. Maureen Maleche Aleyo, moved to court after being removed from the payroll on August 21, 2024.

They claim this move amounted to economic, financial, and psychological torture - a violation of both constitutional and employment rights.

The dispute stems from a strike earlier in 2024, which had been resolved through a Return-to-Work Formula (RTWF) signed on May 8, 2024.

However, following a "consultative" meeting on September 16, 2024, the county issued show-cause letters to the doctors dated August 21, effectively removing them from the payroll — a move the medics argue breached the RTWF agreement.

The county government, alongside the Governor, County Secretary, Chief Officers for Medical Services and Public Service, and the Kakamega County Public Service Board (named as an interested party), insisted that the doctors should have appealed to the Public Service Commission under Section 77 of the County Governments Act — invoking the doctrine of exhaustion.

But Justice Nderitu faulted this line of reasoning, ruling that the nature of the grievances — including constitutional violations and breach of a negotiated return-to-work deal — could not be resolved through the Commission, which lacks the necessary scope and authority.

Significantly, the court also noted that the county government failed to file any response to the doctors’ claims, leaving their allegations “unchallenged and uncontroverted.”

Justice Nderitu ordered that the matter proceed to a full hearing on a priority basis and directed the county to pay the costs of the dismissed objection.

The 17 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.