Court upholds DPP’s power to transfer staff based on service needs
A Kenyan court has ruled that the Director of Public Prosecutions has the authority to transfer staff based on operational needs. While the court rejected a blanket injunction against transfers, it ruled that the specific petitioner was entitled to better notice.
Why it matters
The ruling clarifies the balance between managerial prerogative in public service and the protection of employee rights regarding workplace mobility.
The Milimani Law Courts/FILE The Employment and Labour Relations Court has affirmed the Director of Public Prosecutions’ (DPP) authority to transfer or deploy prosecution staff according to operational needs.
The court declined to grant an injunction that would have restricted the Office of the Director of Public Prosecutions (ODPP) from exercising this managerial mandate.
In a judgement delivered on October 7, 2026, Justice Dr Jacob Gakeri ruled that the court could not issue a blanket order preventing the ODPP from transferring prosecution staff based on the exigencies of duty and individual circumstances.
“The injunction sought is not merited, as it would deny the ODPP the power to transfer prosecution staff based on exigencies of duty and on a case-by-case basis,” Gakeri ruled.
The decision arose from a petition filed by Pamela Nzambi Venda, an employee, who challenged her transfer from Kajiado to Voi in Taita Taveta County.
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