Kenya Case Law

Otieno & another v Governor of Hoма-bay County & 13 others

Otieno & another v Governor of Hoма-bay County & 13 others (Petition E026 of 2026) [2026] KEELRC 2202 (KLR) (30 July 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Petition E026 of 2026

Judge

["Nzioki wa Makau"]

The court held that the petition raised a weighty constitutional question on the two-thirds gender rule, but the evidence did not establish a breach in the Homa Bay County appointments. It found that the County Assembly complied with the public notice and participation requirements, the petitioners misread sections 7(4) and 7(5), no prejudice or exclusion was proved, and the challenged appointments were not unconstitutional. The petition therefore failed and was dismissed with costs.

Source excerpt

• Two-thirds gender rule
• County executive committee appointments
• Public participation
• County assembly approval of nominees
• Jurisdiction of the employment and labour relations court
• Constitutional petition pleading threshold

Republic v Director of Surveys & another; Hodson (Ex parte Applicant)

Republic v Director of Surveys & another; Hodson (Ex parte Applicant) (Judicial Review Application E002 of 2025) [2026] KEELC 4264 (KLR) (9 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Judicial Review Application E002 of 2025

Judge

["EG Nderitu"]

The court held that the respondents complied shortly after being served with the substantive motion, before the matter reached hearing, and the applicant had not shown repeated engagement with the actual respondents before filing suit. Because the respondents are public offices and any costs would be paid from public funds, the circumstances justified departing from the default rule. Each party was ordered to bear its own costs.

Source excerpt

• Mandamus
• Costs discretion
• Compliance with decree
• Rectification of registry index map
• Public funds and costs
• Costs follow the event

Republic v County Government of Kakamega & 5 others; Aleyo & 16 others (Ex parte Applicants)

Republic v County Government of Kakamega & 5 others; Aleyo & 16 others (Ex parte Applicants) (Judicial Review E004 of 2024) [2026] KEELRC 1624 (KLR) (11 June 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Judicial Review E004 of 2024

Judge

["DN Nderitu"]

The court held that the show cause notices were issued by the proper county officer under statutory mandate, but since the Applicants had resumed duty and the notices had become moot, no further action should be taken on them. The court found the strike unlawful for failure to comply with statutory procedure applicable to essential service workers. It nevertheless ordered implementation of the RTWF and promotion roadmap within 90 days because partial implementation had already begun and the agreements remained enforceable to that extent.

Source excerpt

• Strike action in essential services
• Show cause notices
• Payroll removal and salary withholding
• Certiorari
• Prohibition
• Mandamus

Maina v County Government of Nyeri & another

Maina v County Government of Nyeri & another (Petition E013 of 2025) [2026] KEELRC 1341 (KLR) (15 May 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Petition E013 of 2025

Judge

["SC Rutto"]

The Petitioner had standing and pleaded the case with sufficient precision. On the merits, the Respondents produced no evidence that the vacancy for Chief Officer, Economic Planning was advertised or competitively sourced before nomination. In the absence of proof of a transparent competitive process, the Court held that the nomination violated the Constitution and the County Governments Act.

Source excerpt

• Locus standi
• Constitutional petition threshold
• Public recruitment and appointment
• County chief officer nomination
• Fair administrative action
• Equal opportunity and non-discrimination

Vuthi & another v Kitui County Assembly Service Board & 2 others

Vuthi & another v Kitui County Assembly Service Board & 2 others (Employment and Labour Relations Cause E190 of 2025) [2026] KEELRC 965 (KLR) (16 April 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E190 of 2025

There is no evidence of willful disobedience of the court's orders as the recruitment process was completed before service of the status quo order, and no appointment letters were issued after 1st October 2025. The gazettement was not proven to have been done in contempt, as proper service on the Speaker was not established.

Source excerpt

• Contempt of court
• Status quo orders
• Recruitment process
• Judicial authority
• Employment contracts

Samanya v County Government of Busia & 5 others; Controller of Budget (Interested Party)

Samanya v County Government of Busia & 5 others; Controller of Budget (Interested Party) (Constitutional Petition E007 of 2025) [2026] KEHC 4677 (KLR) (10 April 2026) (Ruling)

Court

High Court

Case number

Constitutional Petition E007 of 2025

The High Court held that a petition on restructuring county executive offices and related public expenditure was not an employment dispute, and dismissed the preliminary objection.

• Jurisdiction
• Creation of county executive offices
• Public expenditure
• Internal dispute resolution
• Constitutional-petition
• County-government