Kenya Case Law

Wanjohi v Cabinet Secretary, Ministry of Education & 3 others

Wanjohi v Cabinet Secretary, Ministry of Education & 3 others (Judicial Review E015 of 2026) [2026] KEHC 11364 (KLR) (27 July 2026) (Ruling)

Court

High Court

Case number

Judicial Review E015 of 2026

Judge

["FN Kyambia"]

The dispute arose from the applicant’s existing employment relationship with Kenyatta University and the recruitment process for Vice Chancellor, which is a pre-employment dispute. On the Supreme Court’s post-hearing clarification, such disputes fall within the exclusive jurisdiction of the Employment and Labour Relations Court, including constitutional and discrimination claims linked to employment. The High Court therefore lacked jurisdiction, the preliminary objection succeeded, and the proceedings were struck out.

Source excerpt

• Jurisdiction
• Preliminary objection
• Pre-employment disputes
• Disciplinary proceedings
• Recruitment of vice chancellor
• Exhaustion doctrine

Lenkirasi v National Police Service Commission & 2 others

Lenkirasi v National Police Service Commission & 2 others (Constitutional Petition E001 of 2025) [2026] KEELRC 1806 (KLR) (26 June 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Constitutional Petition E001 of 2025

Judge

["SC Rutto"]

The petition challenged a dismissal that occurred in 2001, but it was filed in 2025, far outside the three-year limitation period applicable to contract-based claims against government. The Court held that the claim was statute-barred, the delay was inordinate and unexplained, and limitation went to jurisdiction, so the Court could not entertain the petition.

Source excerpt

• Statute-barred claim
• Delay/laches
• Retrospectivity of law
• Disciplinary proceedings
• Administrative fairness
• Constitutional petition maintainability

Ngoge t/a OP Ngoge & Associates Advocates v Advocates Disciplinary Committee Tribunal & 3 others

Ngoge t/a OP Ngoge & Associates Advocates v Advocates Disciplinary Committee Tribunal & 3 others (Petition E191 of 2022) [2026] KEHC 9677 (KLR) (Constitutional and Human Rights) (10 June 2026) (Judgment)

Court

High Court

Case number

Petition E191 of 2022

Judge

["B Mwamuye"]

The Court held that it had jurisdiction notwithstanding the exhaustion objection because the petition attacked the legality of the disciplinary process itself, not just its merits. The petitioner proved a constitutional violation because the Tribunal record did not show service of the hearing notice for 6th September 2021, yet it proceeded in his absence and closed his case, thereby denying him a fair hearing and fair administrative action. The Court also found a reasonable apprehension of bias arising from the participation of a Tribunal member who was in ongoing adversarial litigation relat…

Source excerpt

• Fair hearing
• Fair administrative action
• Doctrine of exhaustion
• Apprehension of bias
• Disciplinary proceedings
• Advocate-client dispute

Chumo v Kenya Power and Lighting Co. Ltd

Chumo v Kenya Power and Lighting Co. Ltd (Employment and Labour Relations Cause E036 of 2025) [2026] KEELRC 1619 (KLR) (8 June 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E036 of 2025

Judge

["MA Onyango"]

The court held that the respondent had already taken the claimant through a completed disciplinary process arising from the same diesel misappropriation allegations and imposed a warning. The later attempt to discipline him again, even if said to be supported by further investigations and new evidence, was still anchored on the same facts and events. That amounted to double jeopardy and impermissible double punishment. The employer was required to await the criminal case and, if conviction followed, proceed on that separate basis rather than reopening the same disciplinary complaint.

Source excerpt

• Double jeopardy in workplace discipline
• Disciplinary proceedings
• Suspension without pay
• Collective bargaining agreement
• Summary dismissal
• Fair labour practices

Luvisi v Egerton University

Luvisi v Egerton University (Employment and Labour Relations Cause E058 of 2023) [2026] KEELRC 1523 (KLR) (4 June 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E058 of 2023

Judge

["AN Mwaure"]

The court found that the suit had remained dormant since the consent order of 20 December 2023, the delay in setting it down for hearing was long and unreasonable for a dispute involving suspension of disciplinary proceedings, and the Claimant had failed to take meaningful steps to advance the case without justification; the Respondent demonstrated sufficient prejudice from the continued inactivity, so dismissal was warranted.

Source excerpt

• Dismissal for want of prosecution
• Delay in prosecution
• Interim injunction
• Disciplinary proceedings
• Case management
• Costs

Kiandiko v Teachers Service Commission

Kiandiko v Teachers Service Commission (Petition E154 of 2022) [2026] KEELRC 1181 (KLR) (30 April 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Petition E154 of 2022

The respondent had valid grounds to terminate the petitioner for negligence and insubordination, but failed to afford her procedural fairness by issuing interdiction before completion of investigations and withholding critical documents necessary for her defense, thereby rendering the termination irregular and violating her constitutional rights to privacy, access to information, fair administrative action, and fair hearing.

Source excerpt

• Unfair termination
• Procedural fairness
• Access to information
• Right to privacy
• Disciplinary proceedings
• Compensation for breach of rights

Mulewa v Women Enterprise Fund

Mulewa v Women Enterprise Fund (Cause E945 of 2025) [2026] KEELRC 1124 (KLR) (30 April 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Cause E945 of 2025

The disciplinary process was commenced by the Claimant's supervisor instead of the Head of Human Resource as required by Clause 13.8.4(d) of the HR Manual, breaching express internal procedures and rules of natural justice. Judicial intervention is warranted to rectify procedural flaws before exhaustion of the process.

Source excerpt

• Disciplinary proceedings
• Fair hearing
• Natural justice
• Judicial intervention
• Human resource policy compliance

Wanyama v Nairobi City Water Sewerage Company Limited; Kenya National Examination Council & another (Interested Parties)

Wanyama v Nairobi City Water Sewerage Company Limited; Kenya National Examination Council & another (Interested Parties) (Cause E373 of 2025) [2026] KEELRC 1168 (KLR) (29 April 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Cause E373 of 2025

The court declined to conclusively lift or confirm suspension at interlocutory stage, holding that the alleged dismissal and forgery issues must be resolved at trial.

• Disciplinary proceedings
• Suspension from employment
• Forgery of academic certificates
• Interlocutory relief
• Service of court orders
• Disciplinary-proceedings

Bwanga v Anti-Counterfeit Authority

Bwanga v Anti-Counterfeit Authority (Petition E093 of 2026) [2026] KEELRC 1004 (KLR) (23 April 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Petition E093 of 2026

Section 74 of the Public Service Commission Act does not require mandatory exhaustion of internal remedies before instituting judicial proceedings for public officers outside county government service; the court has jurisdiction to hear the petition.

Source excerpt

• Jurisdiction
• Exhaustion of remedies
• Disciplinary proceedings
• Public service

Ndung’u v Law Society of Kenya & 2 others

Ndung’u v Law Society of Kenya & 2 others (Miscellaneous Civil Application E086 of 2025) [2026] KEHC 4845 (KLR) (Civ) (16 April 2026) (Ruling)

Court

High Court

Case number

Miscellaneous Civil Application E086 of 2025

The High Court dismissed a motion for stay and prohibition in disciplinary matters, holding that no appeal had been filed and the interim orders were overtaken by events.

• Stay of proceedings
• Appellate jurisdiction
• Inherent powers of the court
• Disciplinary proceedings
• Stay-of-proceedings
• Appellate-jurisdiction