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Constitutional law [2026] KEELRC 2419 (KLR)

Ndoto v Administration Police Service & 3 others

Ndoto v Administration Police Service & 3 others (Constitutional Petition E127 of 2026) [2026] KEELRC 2419 (KLR) (20 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Constitutional Petition E127 of 2026
Judge
["JW Keli"]

The court held that it could not determine non-exhaustion because the respondents did not disclose the internal mechanism said to exist, but it found the petitioner had not been promoted to Corporal and was erroneously sent to a Corporal-to-Sergeant course. The recall was a timely correction of a genuine administrative error, not arbitrary or unfair administrative action. No legitimate expectation could arise from a mistake the petitioner knew or ought to have known about. The petition therefore lacked merit, but the court directed the respondents to facilitate the petitioner with the correct…

Source excerpt

  • Fair administrative action
  • Fair labour practices
  • Legitimate expectation
  • Exhaustion of internal remedies
  • Police promotional training
  • Correction of administrative error
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Constitutional law [2026] KEELRC 2414 (KLR)

Vassanji v Diamond Trust Bank Kenya Ltd

Vassanji v Diamond Trust Bank Kenya Ltd (Petition E016 of 2026) [2026] KEELRC 2414 (KLR) (20 August 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Petition E016 of 2026
Judge
["JW Keli"]

The petition did not disclose constitutional violations outside the employment law framework. The alleged detention, intimidation, confiscation of the phone, denial of communication and the impugned disciplinary process were treated as elements of a grievance capable of redress under sections 41, 43 and 45 of the Employment Act. Because the statutory framework was adequate and the dispute was fundamentally an unfair termination claim, the court held that constitutional avoidance applied and the matter ought to have been filed as an ordinary employment claim.

Source excerpt

  • Constitutional avoidance
  • Strike out of petition
  • Termination of employment
  • Disciplinary process
  • Fair labour practices
  • Privacy rights
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Employment and labour law [2026] KEELRC 2429 (KLR)

Pirbhai v Diamond Trust Bank Kenya Limited

Pirbhai v Diamond Trust Bank Kenya Limited (Petition E015 of 2026) [2026] KEELRC 2429 (KLR) (20 August 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Petition E015 of 2026
Judge
["JW Keli"]

The court found that the pleadings disclosed an employment dispute centered on suspension, disciplinary proceedings and termination, with the alleged constitutional violations falling within the same factual matrix and adequately redressable under the Employment Act. Because the statutory framework was capable of resolving the dispute and the petition was essentially an employment claim dressed as a constitutional petition, the doctrine of constitutional avoidance applied and the petition was struck out.

Source excerpt

  • Constitutional avoidance
  • Striking out pleadings
  • Unfair termination
  • Fair labour practices
  • Fair administrative action
  • Right to dignity
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Constitutional law [2026] KEHC 12955 (KLR)

Nyaribo t/a IN Nyaribo & Company Advocates v Public Service Commission & 3 others

Nyaribo t/a IN Nyaribo & Company Advocates v Public Service Commission & 3 others (Petition E124 of 2024) [2026] KEHC 12955 (KLR) (Constitutional and Human Rights) (18 August 2026) (Judgment)

Court
High Court
Case number
Petition E124 of 2024
Judge
["RE Aburili"]

The court held that the preliminary objection failed because it depended on factual and substantive questions tied to the merits of the petition, not a pure point of law; the petition was not moot despite the recruitment having been completed because constitutional jurisdiction to test legality remained intact; however, the petitioner did not plead the alleged violations with reasonable precision and did not rebut the presumption of constitutionality attaching to Sections 13, 13B, 13C and 14 of the CBK Act. The impugned provisions were upheld as rational, proportionate safeguards against conf…

Source excerpt

  • Constitutionality of statutory qualifications and disqualifications
  • Equality and non-discrimination
  • Fair administrative action
  • Fair labour practices
  • Pleading precision in constitutional petitions
  • Preliminary objection
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Employment and labour law [2026] KEELRC 2410 (KLR)

Mwirigi & 2 others v Social Health Authority & 2 others

Mwirigi & 2 others v Social Health Authority & 2 others (Petition E042 of 2025) [2026] KEELRC 2410 (KLR) (14 August 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Petition E042 of 2025
Judge
["M Mbarũ"]

The court found that the judgment of 29 July 2025 remained valid, had not been stayed, and required the respondents to compute and pay exit packages to NHIF staff who opted to retire. More than a year later there had been no compliance or any alternative computation, and the respondents' explanations did not justify the failure. The court held that the respondents' conduct amounted to deliberate non-compliance, but instead of immediate punishment it granted a final 30-day window for compliance and fixed a mention date for reporting compliance or, failing that, personal attendance to show caus…

Source excerpt

  • Enforcement of judgment
  • Willful disobedience of court orders
  • Exit package for retired employees
  • Nhif to sha transition
  • Payroll and deployment of public officers
  • Fair labour practices
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Constitutional law [2026] KEELRC 2294 (KLR)

Rugutt v Miano, AG Group Chief Executive Officer Kenya Tea Development Agency Holdings Ltd & 2 others

Rugutt v Miano, AG Group Chief Executive Officer Kenya Tea Development Agency Holdings Ltd & 2 others (Petition E017 of 2026) [2026] KEELRC 2294 (KLR) (31 July 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Petition E017 of 2026
Judge
["Nzioki wa Makau"]

The Court held that where a disciplinary process is shown prima facie to be unlawful and procedurally flawed, it may intervene to halt the process pending determination of the petition. Given the allegation that the notice to show cause was issued by a person not the Petitioner’s immediate or appropriate supervisor, while the Petitioner was on medical leave, and that the audit report appears to have been prepared without affording him a hearing, the Court found the apprehensions to be reasonably founded and preserved the substratum of the petition by stopping the disciplinary process.

Source excerpt

  • Conservatory orders
  • Disciplinary process
  • Notice to show cause
  • Procedural fairness
  • Audi alteram partem
  • Fair labour practices
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Constitutional law [2026] KECA 1613 (KLR)

County Secretary of Kajiado, Ole Sakude & 46 others v Salaries & Remuneration Commission & another

County Secretary of Kajiado, Ole Sakude & 46 others v Salaries & Remuneration Commission & another (Civil Appeal 230 of 2020) [2026] KECA 1613 (KLR) (31 July 2026) (Judgment)

Court
Court of Appeal
Case number
Civil Appeal 230 of 2020
Judge
["DK Musinga", "P Lilan", "JO Okello"]

The Court held that although the petition did raise constitutional questions, the appellants failed to prove that SRC unlawfully redesignated the office of County Secretary or violated Articles 27, 41 or 47. SRC was entitled to review remuneration, the Transition Authority’s recommendations were only transitional, the use of job-group equivalence did not amount to formal downgrading of the office, and the process was sufficiently consultative. The injunctive relief was moot, and the appeal failed on the merits.

Source excerpt

  • Src mandate under article 230
  • Job evaluation and grading
  • Fair administrative action
  • Equality and discrimination
  • Fair labour practices
  • Mootness/academic appeals
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Constitutional law [2026] KEELRC 2362 (KLR)

Githendu v General & 3 others

Githendu v General & 3 others (Petition E130 of 2025) [2026] KEELRC 2362 (KLR) (31 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Petition E130 of 2025
Judge
["JK Gakeri"]

The petitioner failed to plead and prove the alleged constitutional violations with the required precision and did not establish that the transfer to Kariene Police Station was unlawful or discriminatory. However, because the petitioner’s disabled child required parental care and the respondents did not disclose how they evaluated the rescission request, the court ordered reconsideration of the transfer application on medical and compassionate grounds, but declined all other substantive reliefs.

Source excerpt

  • Police transfer and deployment
  • Best interests of the child
  • Parental care and protection
  • Medical and compassionate grounds for transfer
  • Precision in constitutional petitions
  • Doctrine of exhaustion
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Employment and labour law [2026] KEELRC 2372 (KLR)

Khisa v Prudmat Technologies Ltd

Khisa v Prudmat Technologies Ltd (Petition E084 of 2026) [2026] KEELRC 2372 (KLR) (31 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Petition E084 of 2026
Judge
["JK Gakeri"]

The court held that although the petition met the constitutional pleading threshold, the respondent failed to prove valid reasons and fair procedure for termination. The undated termination letter contained unparticularized allegations of conflict, poor performance and client dissatisfaction, none of which were put to the petitioner for response or subjected to a disciplinary hearing. The termination was therefore unlawful and unfair. The alleged constitutional violations of dignity, fair labour practices and fair administrative action were not proved on the evidence, but statutory employment…

Source excerpt

  • Unfair termination
  • Procedural fairness
  • Fair administrative action
  • Human dignity
  • Fair labour practices
  • Terminal dues
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Employment and labour law [2026] KEELRC 2352 (KLR)

Onyango v Masinde Muliro University

Onyango v Masinde Muliro University (Cause E018 of 2025) [2026] KEELRC 2352 (KLR) (30 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Cause E018 of 2025
Judge
["DN Nderitu"]

The Claimant’s contract was a fixed-term contract that expired on 31 January 2025. The contract contained no enforceable clause guaranteeing renewal, and the evidence did not establish an express, clear and unambiguous promise of renewal. The Claimant also failed to prove discrimination or violation of constitutional rights. The Respondent was therefore under no legal obligation to renew the contract or give reasons for non-renewal, and the claim failed.

Source excerpt

  • Fixed-term contract expiry and renewal
  • Legitimate expectation
  • Discrimination in employment
  • Fair labour practices
  • Fair administrative action
  • Burden of proof in employment claims
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.