Boards Act: Establishing a Non-Executive Chairperson is an Employee

Shadrack Muriithi v Prof. Oyuko O. Mbeche & 4 Others[2024] Ruling (ELRC Petition No. E102 of 2023)


In a matter that we represented the Petitioner, the 1st Respondent filed a Preliminary Objection on grounds that a non-executive chairperson, appointed by the president as per s 8 of the Board Act and s 6 (1)(e) of the State Corporations Act, is not an employee as per s 2 of the Employment Act.


The Honourable Court agreed with our submissions that the 1st Respondent’s role falls within the ambit of an Employer-Employee Relationship, which gives the Employment Court jurisdiction.