The Milimani Law Courts/FILEThe 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.
She argued that the transfer violated her constitutional rights and the ODPP Deployment and Transfer Policy, 2018.
However, the court found that the Petitioner’s transfer to Voi Sub-County was unfair for failure to accord the petitioner adequate notice as ordained by the Respondent’s Deployment and Transfer Policy, 2018.
“The Respondent is directed to transfer or deploy the petitioner to a station within reasonable commuting distance of Nairobi for the remainder of the year 2026.”
In the court papers, the office maintained that the transfer was intended to address staffing needs, distribute prosecutorial resources fairly and ensure efficient delivery of prosecution services across the country.
In its determination, the court recognised staff transfers as an essential managerial prerogative, noting that public officers may be required to serve in different parts of the country in fulfilment of their employment obligations.
The judgement also highlighted Section 5(v) of the ODPP Deployment and Transfer Policy, which empowers the DPP to increase or reduce staffing levels at any station according to workload and service requirements.
However, the court found that the specific transfer had procedural setbacks, as it was issued while the employer was on approved annual leave.
The court also ruled that Ms. Venda will remain within commuting distance from Nairobi for the remainder of 2026 before she takes up the responsibility at the new station
Importantly, the court declined to grant the Ms. Venda’s request for an injunction that would have restricted the ODPP’s transfer powers, expressly stating that such an order would deny the institution the ability to transfer prosecution staff in response to operational demands on a case-by-case basis.
The court also declined to award general damages, with each party ordered to bear its own costs.
