Kenya Case Law

Muhari v Teachers Service Commission & another

Muhari v Teachers Service Commission & another (Employment and Labour Relations Cause E740 of 2026) [2026] KEELRC 2314 (KLR) (31 July 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E740 of 2026

Judge

["BOM Manani"]

The Claimant failed to establish a prima facie case, irreparable harm, or a basis for balancing convenience in her favour because the Teachers Service Commission had lawful power under the Constitution, statute, service code, and contract to transfer her, the transfer had already taken effect, and she produced no cogent evidence of inaccessible facilities or unlawful discrimination. The application for injunction was therefore untenable, and the exhaustion objection did not defeat jurisdiction because interim relief was properly sought in court notwithstanding section 46 of the Teachers Servi…

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• Transfer of employee
• Teacher deployment
• Interim injunctions
• Mandatory injunctions
• Prima facie case
• Irreparable harm

Wandie (Suing as the Legal Administrator of the Estate of Milton Wandii Njagua) v Kibugu (Enviromental and Land Originating Summons E026 of 2025)

Wandie (Suing as the Legal Administrator of the Estate of Milton Wandii Njagua) v Kibugu (Enviromental and Land Originating Summons E026 of 2025) [2026] KEELC 4447 (KLR) (14 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons E026 of 2025

Judge

["MN Gicheru"]

The court declined to conduct a full prima facie or irreparable injury analysis because the originating summons had not been heard, and instead found that the balance of convenience favored the Applicant, who had been on the land since 1970. To avoid confusion in the prayers and preserve the status quo, the court granted only the orders sufficient to maintain occupation and prevent transfer or charging of the suit land pending determination of the main suit.

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• Interim injunctions
• Balance of convenience
• Status quo orders
• Restriction of dealings in land
• Adverse possession claim
• Occupation and possession of land

Mwamwiri v Speaker of the County Assembly of Mombasa & 2 others

Mwamwiri v Speaker of the County Assembly of Mombasa & 2 others (Constitutional Petition E031 of 2025) [2026] KEHC 10039 (KLR) (10 July 2026) (Ruling)

Court

High Court

Case number

Constitutional Petition E031 of 2025

Judge

["J Ngaah"]

The Court held that the application disclosed live and arguable questions on whether the ODM caucus meeting occurred and whether the Respondents lawfully acted on any party decision, and that the downstream public acts by the Speaker and County Assembly were not plainly outside constitutional scrutiny. Because the jurisdiction, exhaustion, advocate-competence, and access-to-information objections turned on disputed facts and mixed questions of law better resolved at the hearing of the petition, and because the Petitioner showed an arguable case warranting preservation of the status quo, inter…

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• Interim injunctions
• Conservatory orders
• Jurisdiction
• Exhaustion doctrine
• Political party leadership dispute
• Standing orders of a county assembly

Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v BOM – St. Marys Misssion Hospital Mumias

Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v BOM – St. Marys Misssion Hospital Mumias (Cause E037 & E040 of 2025 (Consolidated)) [2026] KEELRC 1297 (KLR) (14 May 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Cause E037 of 2025

Judge

["DN Nderitu"]

The court held that the respondent as sued lacked legal personality and therefore could not sustain the proceedings, and the claimant failed to prove that the alleged grievants were its members or that union dues had been paid to cement membership. On those grounds, the claimant lacked locus standi and the causes were incompetent; the interim orders were also set aside because the applications lacked merit.

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• Locus standi
• Capacity to be sued
• Union representation
• Recognition agreement
• Union dues deduction and remittance
• Preliminary objection

Kunah v Evergreen Tea Factory Ltd

Kunah v Evergreen Tea Factory Ltd (Environment and Land Petition E007 of 2025) [2026] KEELC 2541 (KLR) (30 April 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Petition E007 of 2025

The court has jurisdiction to hear and determine the petition and application alleging constitutional violations despite the existence of statutory dispute resolution mechanisms under EMCA. However, the applicant failed to establish a prima facie case or demonstrate irreparable injury, as the evidence did not show chemical pollution attributable to the respondent and the respondent's waste water met NEMA standards. Therefore, the conditions for grant of a temporary injunction were not met.

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• Interim injunctions
• Jurisdiction of environment and land court
• Right to property
• Right to clean and healthy environment
• Exhaustion of statutory remedies

Kenya Chemical Workers Union v Cosmos Limited

Kenya Chemical Workers Union v Cosmos Limited (Employment and Labour Relations Cause E181 of 2026) [2026] KEELRC 1084 (KLR) (27 April 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E181 of 2026

The Claimant failed to establish a prima facie case for interim injunctive relief as evidence of changed retirement age was limited to three employees, not all unionisable employees. Any loss from retirement at 55 years is quantifiable and compensable in damages, and remedies of reinstatement or re-engagement exist. Discovery was declined as retirement notices are in possession of Claimant's members. Timelines for filing defense are already fixed by rules.

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• Collective bargaining agreement
• Retirement age
• Interim injunctions
• Discovery
• Employment contracts

Makau v I & M Bank Limited

Makau v I & M Bank Limited (Employment and Labour Relations Cause E575 of 2020) [2026] KEELRC 1085 (KLR) (27 April 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E575 of 2020

The ELRC declined a post-judgment application for a conservatory order to keep staff loan interest rates in place pending appeal, holding it lacked jurisdiction.

• Conservatory orders
• Functus officio
• Staff loan concessionary rates
• Stay of execution
• Interim injunctions
• Functus-officio