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The court allowed a recusal application after finding that claimant’s counsel was also representing the judge in separate litigation, creating an appearance of bias.
The High Court upheld a preliminary objection in a petition challenging Nairobi County Assembly appointments, holding that jurisdiction and exhaustion issues barred the claim.
Munayo & 15 others v Cyka Manpower Services Ltd (Employment and Labour Relations Cause E364 of 2021) [2026] KEMC 788 (KLR) (27 August 2026) (Ruling)
The court held that the applicant satisfied the requirements for a conditional stay: the delay was not so prejudicial as to defeat the motion, substantial loss was shown because recovery from 16 claimants after payment posed a real risk and the respondents did not disclose means to refund, and the applicant's proposed security was inadequate. The court therefore granted stay but only if the entire decretal sum plus taxed costs was deposited in court within 30 days; failure to comply would cause the stay to lapse automatically.
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Koech v Mara Multi Farming (Civil Suit 333 of 2015) [2026] KEMC 800 (KLR) (26 August 2026) (Judgment)
The Plaintiff proved on a balance of probabilities that he was injured in the course of employment by machinery under the control of the Defendant's servant or agent, the Defendant adduced no rebuttal evidence, and negligence could properly be inferred. The Defendant was therefore held 100% liable. On quantum, the court awarded Kshs.2,500,000 for pain, suffering and loss of amenities and Kshs.750,000 as a global award for loss of earning capacity, while limiting special damages to the Kshs.8,000 strictly proved by receipt.
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Saenas v Banticha (Sued as Purported Speaker) & 2 others (Employment and Labour Relations Petition E182 of 2026) [2026] KEELRC 2430 (KLR) (20 August 2026) (Ruling)
The court held that the validity of the 1st respondent’s position as Speaker had already been conclusively determined in ELRC Petition No. E139 of 2025, making the present petition and motion res judicata. It further held that the dispute was a public law and county assembly governance matter rather than an employment dispute, so the ELRC lacked jurisdiction. The preliminary objection therefore succeeded and the suit was struck out.
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Omondi & another v Kenya Chemical Workers Union & 2 others (Constitutional Petition E214 of 2025) [2026] KEELRC 2418 (KLR) (20 August 2026) (Judgment)
The court found that the respondents discriminated against the petitioners by excluding them from union activities because they had sued the union. The exclusion was unjustified and amounted to retaliation for exercising the right of access to justice and participation in union affairs. However, most of the governance and procurement complaints were treated as internal union matters or claims that failed for want of proper legal threshold or exhaustion of the prescribed mechanisms. Relief was therefore limited to outstanding allowances, access to union member social media groups if still memb…
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Wangai v Thumaita Tea Factory (Civil Appeal E054 of 2024) [2026] KEHC 12989 (KLR) (20 August 2026) (Judgment)
The High Court held that the appeal, though framed as a factual challenge, was properly entertainable as it implicated evaluation of evidence and thus a point of law. On the merits, the Respondent adduced prima facie evidence through DW1 that the Appellant’s registered bushes could not legitimately support the delivered quantities, that a system audit and physical verification revealed a major discrepancy, and that the Appellant offered no cogent rebuttal. The evidential burden shifted to the Appellant under section 109 of the Evidence Act and he failed to discharge it. The trial court theref…
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Makena & 2 others v County Public Service Board Meru County & 2 others (Constitutional Petition E011 of 2026) [2026] KEHC 13123 (KLR) (19 August 2026) (Judgment)
The petition met the constitutional-pleading threshold, but the 2nd and 3rd respondents were improperly joined and were struck out because the complained-of acts were attributable only to the 1st respondent. On the merits, the court found the 1st respondent had withheld crucial information necessary to test compliance with constitutional recruitment norms, especially regional balance, gender, and PWD inclusion. That lack of disclosure prevented conclusive findings against the petitioners and justified mandatory directions requiring a full disclosure of the shortlist, successful candidates, an…
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Awino v Public Service Commission & 4 others (Petition E176 of 2026) [2026] KEELRC 2407 (KLR) (14 August 2026) (Ruling)
The court held that the petition’s overriding and fundamental subject was a public procurement dispute concerning termination of a road tender, not an employment and labour relations dispute. Because the petitioner litigated in the public interest and sought procurement-related and integrity-based relief unrelated to any direct or indirect employment relationship, the ELRC lacked jurisdiction. The preliminary objections were therefore well founded and the petition was struck out.
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Structural Construction International Ltd v Muigai (Cause E033 of 2026) [2026] KEELRC 2396 (KLR) (12 August 2026) (Ruling)
The Court held that the Applicant sufficiently explained the delay because the judgment was delivered without notice and the record did not show service of judgment or decree on the Applicant. The draft memorandum raised appealable issues, prejudice to the Respondent could be managed by security, and therefore discretion should be exercised in favour of the Applicant. Leave to appeal out of time and stay of execution were granted on conditions.
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