- The Court of Appeal has suspended enforcement of a ruling requiring Murang’a County to pay over Sh400 million in salary adjustments and arrears to ECDE teachers.
- Judges ordered the status quo to remain pending determination of the county’s appeal and application for stay.
- The decision comes as Murang’a County and ECDE teachers move towards implementing a new salary agreement.
By Benedict Aoya
Murang’a County has secured a major legal reprieve after the Court of Appeal froze a judgment that would have compelled it to pay more than Sh400 million in salary adjustments and back pay to over 1,000 Early Childhood Development and Education (ECDE) teachers.
A three-judge bench ordered that the status quo be maintained pending the hearing of Murang’a County’s application for stay and its appeal against the Labour Court judgment.
The ruling effectively freezes all consequential enforcement processes initiated by the teachers’ union and pauses an application seeking to jail county officials for alleged contempt.
Dispute Over ECDE Teachers’ Salaries
The judges suspended enforcement of a May 22, 2025 Employment and Labour Relations Court (ELRC) judgment that had compelled the county government, led by Governor Irungu Kang’ata, to align ECDE teachers’ salaries with advisory rates issued by the Salaries and Remuneration Commission (SRC) and settle accrued arrears.
The dispute pits Murang’a County against the Kenya Union of Pre-Primary Education Teachers (KUPPET), which argued that the county had failed to implement the SRC advisory issued on August 10, 2023.
The advisory directed that ECDE teachers be placed within the remuneration structure applicable to county employees, including allowances and job groups.
Labour Court Ruling
KUPPET maintained that Murang’a County continued paying ECDE teachers below the levels advised by SRC, thereby violating their constitutional rights to fair remuneration and equal treatment.
The union sought orders compelling the Murang’a County Public Service Board to adjust salaries and pay arrears dating back to July 1, 2023.
In its May 22, 2025 judgment, the ELRC agreed with the union, finding that SRC advice on remuneration of public officers was mandatory and binding.
The court ordered the county government to pay salaries and allowances as advised by SRC, effective July 1, 2023, or from the date of appointment for teachers employed thereafter.
County Cites Financial Constraints
Murang’a County did not oppose improved remuneration in principle but argued that immediate implementation would have serious financial implications.
According to the county, compliance would require approximately Sh400 million to cater for more than 1,000 ECDE teachers currently employed under existing terms.
The county further argued that its wage bill had already risen to 52 per cent of total revenue, exceeding the 35 per cent ceiling prescribed under the Public Finance Management framework.
County officials maintained that enforcing the judgment before determination of the appeal would expose the county to substantial financial prejudice.
Kang’ata Attends Proceedings
Governor Kang’ata personally attended the Court of Appeal proceedings alongside lawyers Charles Njenga, James Thuku and Munyua Ngonyo.
The governor informed the court that the county government had initiated structured engagements with teachers and their representatives and that discussions had yielded a compromise currently being implemented.
While KUPPET opposed the application, both the Salaries and Remuneration Commission and the Public Service Commission supported the county’s request for preservation orders.
New Salary Deal Takes Shape
Meanwhile, the standoff between the county and ECDE teachers appears to be easing.
Teachers have suspended their strike after reaching a new salary and benefits package with the county government following a consultative meeting led by Governor Kang’ata.
County officials explained that the enhanced remuneration package has already been incorporated into the 2026/2027 county budget.
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The Court of Appeal is expected to determine the county’s application and substantive appeal in due course.
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