The Employment and Labour Relations Court affirmed that the Director of Public Prosecutions (DPP) can transfer or deploy prosecution staff according to operational requirements, rejecting an injunction that sought to limit this managerial power.

Justice Dr. Jacob Gakeri delivered the judgment on 7 October 2026, stating that a blanket order preventing the ODPP from making transfers could not be issued.

The case originated from a petition by Pamela Nzambi Venda, who contested her relocation from Kajiado to Voi in Taita‑Taveta County, alleging violations of her constitutional rights and the ODPP Deployment and Transfer Policy of 2018.

The ODPP argued that the move was necessary to address staffing gaps, ensure equitable distribution of prosecutorial resources and maintain efficient service delivery nationwide.

The court recognised staff transfers as a core managerial prerogative, noting that public officers may be required to serve in different locations to fulfil employment obligations.

Section 5(v) of the ODPP Deployment and Transfer Policy was cited as empowering the DPP to adjust staffing levels at any station according to workload and service needs.

However, the court identified procedural flaws in Venda’s specific transfer, noting it was issued while the employer was on approved annual leave.

As a result, Venda was allowed to remain in Kajiado until the end of 2026, despite the broader affirmation of the DPP’s transfer authority.

The judgment also refused to grant an injunction that would restrict the ODPP’s case‑by‑case transfer powers and declined to award general damages, ordering each party to bear its own costs.

Officials said the ruling balances the institution’s need to redeploy personnel with the requirement for procedural fairness, reasonable notice and consideration of individual circumstances when implementing transfers.