Kenya Case Law

ambuka v Registered Trustees of the Pentecostal Evangelistic Fellowship of Africa (PEFA) & 3 others

ambuka v Registered Trustees of the Pentecostal Evangelistic Fellowship of Africa (PEFA) & 3 others [2025] KEELRC 1571 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E197 of 2024

Judge

B Ongaya

The court found that the petitioner was in an employment relationship with the respondent church, as evidenced by the church's constitution and the disciplinary process undertaken. However, the court held that the petitioner failed to exhaust the internal disciplinary procedures provided under the PEFA constitution and by-laws before seeking judicial intervention. The suspension letter did not expressly cite the pending court cases as the reason for disciplinary action, but rather set out specific allegations of misconduct. The court determined that no violation of constitutional rights was e…

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• Employment Relationships In Religious Organizations
• Disciplinary Procedures
• Exhaustion Of Internal Remedies
• Constitutional Rights In Employment
• Jurisdiction Of Elrc

Otieno v County Government of Siaya

Otieno v County Government of Siaya [2025] KEELRC 104 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E081 of 2024

Judge

Nzioki wa Makau

The Claimant's suit regarding interdiction is premature and misconceived because the Claimant failed to exhaust the statutory and administrative dispute resolution mechanisms available under the County Governments Act and the Public Service Commission Act before approaching the court, thereby violating the doctrine of exhaustion.

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• Exhaustion Of Remedies
• Jurisdiction Of Elrc
• Disciplinary Procedures
• Administrative Action

Otieno (Suing on his Behalf and on Behalf of the General Public) v National Government Constituency Development Fund Board & another; Ethics and Anti-Corruption Commission (Interested Party)

Otieno (Suing on his Behalf and on Behalf of the General Public) v National Government Constituency Development Fund Board & another; Ethics and Anti-Corruption Commission (Interested Party) [2024] KEELRC 13499 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E097 of 2024

Judge

B Ongaya

The court found that the petition was premature as the petitioner had not exhausted the statutory remedies available under the Public Officer Ethics Act and related statutes, which require complaints about public officer conduct to be addressed first to the responsible commission or agency. The petitioner failed to demonstrate that he had requested information or that such a request was denied, making the request for a compelling order to produce information untenable. Furthermore, the petitioner did not provide sufficient evidence to substantiate the allegations of irregular appointments or…

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• Public Officer Ethics
• Recruitment Processes
• Judicial Review
• Exhaustion Of Remedies
• Disciplinary Procedures
• Access To Information

Kenya Plantation & Agricultural Workers Union v Unilever Tea (K) Limited

Kenya Plantation & Agricultural Workers Union v Unilever Tea (K) Limited [2024] KEHC 13173 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 611 of 2017

Judge

K Ocharo

The court dismissed a union challenge to an employer’s Code of Business Principles, finding it had existed before the CBA and was not shown to unlawfully alter negotiated terms.

• Collective Bargaining Agreements
• Workplace Policies
• Summary Dismissal
• Recognition Agreements
• Disciplinary Procedures
• Collective-bargaining-agreements

Ngeny v County Government of Kericho; Kericho Water and Sanitation Company Limited (Interested Party)

Ngeny v County Government of Kericho; Kericho Water and Sanitation Company Limited (Interested Party) [2023] KEHC 26380 (KLR)

Court

High Court

Case number

Constitutional Petition E010 of 2023

Judge

JR Karanja

The High Court struck out a constitutional petition challenging administrative leave and company management issues, holding it lacked jurisdiction and the matter belonged elsewhere.

• Jurisdiction Of High Court
• Internal Company Management
• Disciplinary Procedures
• Water Services Regulation
• Employment Disputes
• Preliminary Objection

Isika v Royal Nairobi Golf Club

Isika v Royal Nairobi Golf Club [2023] KEHC 486 (KLR)

Court

High Court

Case number

Constitutional Petition E227 of 2022

Judge

M Thande

The court held that the petitioner was required to exhaust the internal disciplinary mechanisms provided by the respondent's governing documents before seeking judicial intervention. The doctrines of exhaustion and constitutional avoidance bar the court from entertaining the petition where adequate alternative remedies exist and have not been utilized. The petitioner did not demonstrate any exceptional circumstances to justify bypassing the internal processes or to warrant exemption from the exhaustion requirement. Consequently, the court lacked jurisdiction to consider the merits of the peti…

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• Doctrine Of Exhaustion
• Constitutional Avoidance
• Fair Administrative Action
• Disciplinary Procedures
• Natural Justice
• Internal Dispute Resolution

Achuti & 27 others v County Government of Nakuru & another

Achuti & 27 others v County Government of Nakuru & another [2023] KEELRC 281 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E039 of 2022

Judge

HS Wasilwa

The court dismissed a preliminary objection, finding that section 77 of the County Governments Act did not oust its jurisdiction and that the issues required evidence.

• Exhaustion Of Statutory Remedies
• Jurisdiction Of Employment And Labour Relations Court
• County Government Employment
• Disciplinary Procedures
• Illegality Of Appointment
• Exhaustion-of-statutory-remedies

Peter Glen Onyango v Kenya Methodist University

Peter Glen Onyango v Kenya Methodist University [2021] KEHC 6087 (KLR)

Court

High Court

Case number

Petition E007 of 2021

Judge

EM Muriithi

The court held that the preliminary objection raised by the respondent was not properly founded on pure points of law, as the exhaustion of internal appeal procedures and the applicant's alleged role in the events leading to his expulsion involved disputed facts requiring evidence. The court found that the petition met the constitutional threshold, as it sufficiently particularized the rights alleged to have been infringed and the manner of infringement. The doctrine of ex turpi causa non oritur action was found inapplicable, as there was no contract or agreement between the parties and the i…

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• Right To Education
• Fair Administrative Action
• Exhaustion Of Remedies
• Constitutional Threshold
• Preliminary Objection
• Disciplinary Procedures

Republic v Lawrence Omuhaka, Ag County Chief Officer, Public Service County Government of Kakamega, County Executive Committee Member, Public Service & Administration, Governor, County of Kakamega, County Government of Kakamega & County Public Service Board, Kakamega Ex parte Kenya County Government Workers Union

Republic v Lawrence Omuhaka, Ag County Chief Officer, Public Service County Government of Kakamega, County Executive Committee Member, Public Service & Administration, Governor, County of Kakamega, County Government of Kakamega & County Public Service Board, Kakamega Ex parte Kenya County Government Workers Union [2021] KEELRC 1947 (KLR)

Court

Employment and Labour Relations Court

Case number

Miscellaneous Civil Application 17 of 2019

The court found that the Union and the grievants bypassed mandatory statutory dispute resolution mechanisms by failing to appeal to the Public Service Commission before commencing judicial review proceedings. Section 77 of the County Governments Act and section 87 of the Public Service Commission Act require exhaustion of the appeal process before judicial intervention. The doctrine of exhaustion, as affirmed by the Court of Appeal, mandates that specialized statutory forums be utilized first. The court also held that the objection to the Union's locus standi was without merit, as a recogniti…

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• Judicial Review
• Exhaustion Of Statutory Remedies
• Public Service Employment
• Disciplinary Procedures
• Trade Union Locus Standi

Kenya County Government Workers Union v The Attorney General, The Cabinet Secretary Ministry Of Devolution And Planning, Public Service Commission, Nairobi County Government & Nairobi City County Public Service Board

Kenya County Government Workers Union v The Attorney General, The Cabinet Secretary Ministry Of Devolution And Planning, Public Service Commission, Nairobi County Government & Nairobi City County Public Service Board [2020] KEELRC 271 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition 66 of 2020

Judge

HS Wasilwa

The court restrained termination of 112 county workers pending determination of a petition challenging the Nairobi secondment process and related labour concerns.

• Secondment Of Public Officers
• Collective Bargaining Agreements
• Public Participation
• Jurisdiction Of Courts
• Transfer Of Functions
• Disciplinary Procedures