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MURANG'A COUNTY PUBLIC SERVICE BOARD V. GRACE N MAKORI , ISAAC NGOTHO MAINA & 175 OTHERS, PUBLIC SERVICE COMMISSION & MINISTRY OF HEALTH

(2015) JELR 104514 (CA)

Court of Appeal  •  Civil Appeal 37 of 2015  •  23 Dec 2015  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">This is a first appeal by the Murang’a County Public Service Board (the appellant) against the judgment and decree of the Employment and Labour Relations Court at Nyeri (Ongaya J.) which granted as against the appellant the prayers in a petition filed by Grace N. Makori, and by Isaac Ngotho Maina and 175 others (the two Respondents).</p><p class="ql-align-justify">The two Respondents had in their petition averred that they were health workers employed by the Government of Kenya on diverse dates between 2010 and 2013 under the Economic Stimulus Programme (ESP) who were later seconded to Murang’a County upon the advent of devolution. They were employed on three -year contracts which were later to be changed to permanent and pensionable terms and in tandem with regular public service employment. Their employment fell under three phases with those whose contracts expired in 2012 already absorbed into the public service on permanent and pensionable terms.</p><p class="ql-align-justify">The two respondents averred further that follo…</p>

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