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Kenya decisions
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Riungu v Capital Markets Authority [2025] KEHC 9926 (KLR)
The High Court held that the Capital Markets Authority violated fair administrative action in delaying and mishandling a fit-and-proper process affecting the petitioner’s employment.
Ali v Chief Executive Officer, National Health Insurance Fund & another [2024] KEELRC 13460 (KLR)
The court held that NHIF’s disciplinary process survived the statutory transition, but the claimant’s termination was procedurally unfair for want of proper notice and disclosure.
County Government of Meru v Kenya Medical Practitioners Pharmacists and Dentists Union & 2 others; Meru County Public Service Board & 2 others (Interested Parties) [2024] KEELRC 2449 (KLR)
The court held that while the respondents initially had justifiable reasons for issuing strike notices due to the petitioner's failure to implement agreements on promotions and other employment matters, the right to strike for health workers is not absolute and is expressly limited by section 81(3) of the Labour Relations Act. This provision prohibits strikes in essential services unless minimum service is maintained, a requirement not met by the respondents, who withdrew all staff from public health facilities, thereby endangering the lives and health of Meru residents. The court found that…
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Pwani University Council v Universities Academic Staff Union; Ministry of Labour and Social Protection & another (Interested Parties) [2024] KEELRC 2217 (KLR)
The ELRC allowed an employer’s objection to a CBA clause fixing academic staff retirement at 75 years and ordered renegotiation and a revised CBA within 14 days.
Union of National Research Institutes of Kenya (UNRISK) v Kenya Forestry Research Institute (KEFRI) [2024] KEELRC 1861 (KLR)
The court held that it lacks jurisdiction to grant the claimant's prayers for wage increases and other benefits in the absence of binding advice from the Salaries and Remuneration Commission (SRC). The Constitution of Kenya, specifically Article 230(4), vests the exclusive mandate to set and review remuneration and benefits for public officers in the SRC, and its advice is binding on all state organs, commissions, and public bodies. The court found that the SRC's input is a mandatory procedural and substantive requirement in the negotiation and implementation of collective bargaining agreemen…
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University Academic Staff Union (UASU) v Kisii University; Ministry of Labour and Social Protection & another (Interested Parties) [2023] KEELRC 2904 (KLR)
The court found that while the applicant union and the respondent had negotiated and executed a CBA, the agreement was not registrable because the parties failed to comply with the constitutional and statutory requirement to seek and obtain advice from the Salaries and Remuneration Commission (SRC). The SRC's role in determining and advising on remuneration and benefits for public officers is binding and a mandatory procedural step for all CBAs involving public sector employees. The absence of evidence that the SRC was engaged or that its advice was sought rendered the CBA invalid and incapab…
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University Academic Staff Union (UASU) v Garissa University; Ministry of Labour and Social Protection & another (Interested Parties) [2023] KEELRC 2778 (KLR)
The court found that although the CBA between the applicant union and the respondent was freely negotiated and executed, the absence of the Salaries and Remuneration Commission's (SRC) involvement and advice in the negotiation and conclusion of the CBA rendered it unregistrable. The SRC's advisory role is constitutionally and statutorily mandated for all public sector CBAs, and its advice is binding on public institutions. The court held that the requisite advice from the SRC ought to have been sought before negotiations commenced to ensure compliance with the guidelines provided by the SRC.…
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University Academic Staff Union (UASU) v Egerton University; Mininstry of Labour and Social Protection & another (Interested Parties) [2023] KEELRC 2803 (KLR)
The court found that while the applicant union and the respondent had negotiated and executed a CBA, the registration process for CBAs involving public sector employees requires compliance with statutory and constitutional procedures, specifically the binding advice and clearance from the Salaries and Remuneration Commission (SRC). The evidence showed that although the SRC had provided advisory input, it had not issued the required clearance letter for the CBA's registration. The Ministry of Labour and Social Protection objected to registration on this basis, and the court held that, in the a…
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University Academic Staff Union (UASU) v Chuka University; Ministry of Labour and Social Protection & another (Interested Parties) [2023] KEELRC 2783 (KLR)
The court dismissed UASU’s motion to have the 2013–2017 CBA immediately registered, directing instead that the agreement be forwarded to the Ministry for analysis.
Constantine Joseph Advocates LLP v Judicial Service Commission & 2 others [2023] KEELRC 1424 (KLR)
The court held that neither the Judicial Service Commission nor the National Council of Persons with Disabilities bears a direct, immediate legal duty to ensure that at least five percent of judges are persons with disabilities. The relevant constitutional and statutory provisions, including Article 54(2) of the Constitution and section 13 of the Persons with Disabilities Act, impose a principle of progressive realization upon the State as a whole, not upon the specific respondents. The petitioner failed to demonstrate any factual basis for the alleged violations, as there was no evidence tha…
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