Justice Byram Ongaya delivered the judgment on December 17, 2025.
The court ruled that the withdrawal was unlawful and upheld a petition filed by the Kenya Union of Clinical Officers (KUCO).
Dispute over career guidelines
The dispute focused on career guidelines that the PSC approved in May 2024.
The guidelines introduced a standard grading structure, promotion pathways, and job descriptions for clinical officers across the national and county governments.
In September 2025, the Council of Governors asked the PSC to withdraw the guidelines.
The CoG argued that the PSC developed the document without consulting county governments.
It also claimed the guidelines would increase employment costs for counties.
KUCO opposes withdrawal
KUCO, represented by AKO Advocates, challenged the proposed withdrawal.
The union argued that the move threatened industrial peace and reversed gains made by health workers.
In a letter dated September 4, 2025, General Secretary George M. Gibore demanded that the CoG withdraw its request.
He also urged the PSC to ignore the governors’ resolution.
KUCO maintained that stakeholders developed the guidelines through consultations.
The union added that several counties had already started implementing them.
Counties challenge PSC authority
Busia and Makueni counties opposed the petition.
They argued that the PSC has no constitutional authority over county employees.
The Council of Governors also maintained that the Constitution limits the PSC’s powers to the national government.
Lawyer Mr. Kataka argued that Article 234(3) protects county governments from direct PSC control.
During the hearing, PSC lawyer Mr. Ondukenya admitted that the commission copied the approval letter to the CoG in error.
Court clarifies constitutional position
Justice Ongaya distinguished the guidelines from direct employment directives.
He ruled that the guidelines are a policy document prepared by the Ministry of Health.
The judge said the PSC did not force counties to implement them.
Instead, each County Public Service Board can decide whether to adopt the guidelines.
The court rejected claims that the PSC had taken over county human resource functions.
Court protects workers’ rights
Justice Ongaya ruled that withdrawing the guidelines would unfairly affect health workers already benefiting from them.
He found that removing the document would interfere with accrued employment rights.
The judge held that such action would amount to unfair labour practices.
The ruling allows the health workers career guidelines to remain in place while counties decide whether to implement them.
