Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The appellant appealed against the dismissal of her suit alleging unfair termination by the respondent, seeking compensation and terminal dues. The court found that the appellant did not desert her employment but was suspended on half pay due to the respondent's suspension letter dated 9th April 2020, which was later suspended from 1st June 2020 due to financial constraints caused by the Covid-19 pandemic. The court held that the suspension did not constitute constructive dismissal or desertion, as the intended disciplinary process was delayed by the pandemic, and the appellant terminated her contract by filing suit on 6th October 2020. The court awarded her full salary from 1st June 2020 to 6th October 2020 and half salary for April and May 2020, but dismissed her claim for unlawful termination and damages.
employment lawconstructive dismissaldesertionsuspension10 min read
JudgmentGlobal Hope Network International VS Hellen Diramu Boru
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The appellant moved for dismissal of the respondent’s forgotten suit for want of prosecution under Order 17 Rule 5 of the Civil Procedure Rules. The trial court dismissed the motion, directing the suit to proceed to pre-trial conference and hearing within six weeks. The appellant appealed, arguing the respondent’s three-year delay was inordinate and inexcusable, while the respondent claimed the appellant was precluded from filing the motion due to lack of service. The court found the delay inordinate and inexcusable due to the respondent’s admission of forgetting the suit, and the appellant was not precluded from filing the motion as it was a party to the suit.
civil procedure rulesdismissal for want of prosecutioninordinate delayservice of summons10 min read
JudgmentWest Build General Contractors Limited VS Patrick Nyaga Njuki
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court considered whether the appellant was the respondent’s employer or a paymaster for the Ministry of Transport and Infrastructure. The appeal challenged the lower court’s finding that the appellant was the employer and liable for unlawful termination. The court found the appellant was a paymaster, not the employer, as the Ministry terminated the contract, leading to redundancy. The court rejected the respondent’s claim for compensation due to the appellant’s agency relationship with the Ministry and the Arbitral Award confirming the Ministry’s liability.
employment actredundancypaymastertermination of employment19 min read
JudgmentDENNIS WAITHAKA NGOCI VS BROADVIEW SECURITY LIMITED
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court dismissed the respondent’s Notice of Motion seeking urgent certification, ex-parte hearing, stay of execution, setting aside the March 8, 2024 judgment, and other orders. The respondent claimed it was unaware of proceedings until served with execution documents on November 29, 2024, but the court found it had been served with initial pleadings and entered appearance in the lower court. The court held the motion failed due to the respondent’s admission of service and waiver of rights, as it had been duly served with appeal documents and failed to participate. The motion was dismissed with costs.
notice of motionex-parte hearingstay of executionsetting aside judgment4 min read
JudgmentFlamingo Horticulture Kenya Limited VS Stanley Mbaabu M'mbui
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court granted an application for stay of proceedings in the Chief Magistrates Court at Meru Employment and Labour Relations Court case No. E005 of 2024 between Stanley Mbaabu M’mbui and Flamingo Horticulture Kenya Limited, pending the hearing and determination of an appeal against the lower court's dismissal of the motion. The applicant sought stay to prevent the lower court proceedings from proceeding while the appeal was pending, arguing that the appeal would be rendered nugatory if the stay was not granted. The court found that the appeal was not frivolous and that the application for stay was filed expeditiously, meeting the criteria for granting stay under the principles outlined in William Odhiambo Ramogi v Attorney General (2019) eKLR.
stay of proceedingsappealemployment lawwork injury benefit act4 min read
JudgmentNaomi VS Ke743 Nkondi Child Development Centre (cdc) AND Rev. Jonathan Kaundubu
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
The court dismissed the respondents' preliminary objection to the judicial review application, ruling that the objection passed muster due to legal issues of form and substance. The court held that the applicant failed to comply with the ELRC Procedure Rules 2024 and Mutunga Rules by not securing leave for judicial review proceedings, not suing as a public entity, and misstating the relief sought. The court struck out the suit with costs, emphasizing that the applicant must file proper pleadings under the rules to enforce constitutional rights.
judicial reviewpreliminary objectionelrc procedure rulesconstitutional rights5 min read
JudgmentLawrence Nicholas Mutembei VS Tharaka Nithi County Public Service Board AND Public Service Commission
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
The applicant sought judicial review against the termination of his employment by the 1st respondent, which was upheld by the Public Service Commission. The court granted certiorari to quash the commission's decision, ordered reinstatement to his previous position as Director Supply Chain Management with payment of 12 months' salary for irregular redeployment and redesignation, and prohibited implementation of the termination decision. The court found the termination unlawful due to lack of proper disciplinary process and irregular redeployment, despite the applicant's protest and the commission's award of compensation.
judicial reviewemployment terminationredeploymentre-designation18 min read
JudgmentTarasila Gaicugi Iburi VS Agricultural Employers
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court upheld the termination of the appellant's employment as lawful and fair, finding that the appellant was served with a show cause letter on 19th October 2020 and invited to a disciplinary hearing on 23rd October 2020, but she refused to acknowledge the letter or attend the hearing. The court determined that the termination followed fair procedure and was for a valid reason (repeated misconduct), and the appellant's claim for unfair termination was dismissed with costs.
employment terminationshow cause letterdisciplinary hearingfair procedure13 min read
JudgmentSalesio Mung'athia VS State Law AND Registrar Of Trade Unions
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The appellant appealed against the dismissal of their suit for being time barred, arguing that the trial court erred in law and fact by dismissing the suit as statute barred despite having granted leave to file out of time. The court determined that the cause of action arose in 2004 when the appellant received the dismissal letter, and under section 4(1) of the Limitation of Actions Act, the limitation period was six years, expiring on 8th October 2010. The court held that the suit was statute barred as it was filed after the limitation period lapsed, and the trial court lacked jurisdiction to extend the limitation period. The appeal was dismissed with costs.
statute barlimitation periodemployment contractdismissal7 min read
JudgmentLawrence Nicholas Mutembei VS Tharaka Nithi County Public Service Board AND Public Service Commission
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
The court dismissed the 1st respondent's preliminary objection to the applicant's motion for judicial review, finding that the objection was moot due to the 1st respondent's failure to file submissions within the 14-day period mandated by the court's order dated 23rd July 2024. The court held that the objection was automatically dismissed by operation of law after the 1st respondent did not comply with the deadline, rendering it procedurally premature and without merit. The court allowed the applicant's motion and ordered the 1st respondent to pay costs.
judicial reviewjurisdictionpreliminary objectionexhaustion of internal appeal3 min read
JudgmentJohnson Mwaniki Nyagah VS County Attorney-county Government Of Embu AND Chief Finance Officer-county Government Of Embu
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
The court granted mandamus orders compelling the respondents (Accounting Officer and Legal Advisor of the County Government of Embu) to pay Kshs.3,140,308.00 plus interest and taxed costs of Kshs.297,350.00 within 30 days, as they failed to honor the decree from Meru ELRC No.44 of 2019. The court found the respondents' inaction constituted illegality, unreasonableness, and procedural impropriety under Article 47 and 48 of the Constitution, violating the right to fair administrative action and access to justice. The court held that the respondents, mandated to comply with court orders, breached their duty by failing to pay the decree despite being served with the decree, certificate of costs, and certificate of order.
mandamusdecree enforcementconstitutional rightscounty government4 min read
JudgmentCHARLES MURIITHI NJOKA VS EMBU COUNTY GOVERNMENT
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court granted a stay of execution pending appeal for the respondent (Embu County Government) to deposit Kshs. 4,831,525 in a joint interest-earning account within 45 days, ensuring the appellant (Charles Muriithi Njoka) could not be reinstated without the appeal being rendered nugatory. The court found the application met the legal threshold under Order 42 Rule 6(2) of the Civil Procedure Rules, as the delay in filing was not unreasonable and the risk of the appeal becoming nugatory due to reinstatement was substantial. The court ordered the respondent to provide security to balance the competing interests, avoiding the risk of the decretal sum being lost if the appeal succeeded.
stay of executionappealreinstatementdecretal sum5 min read
JudgmentREPUBLIC AND WILLIAM LENGOYIAP AND 3 Others VS THE KENYA UNION OF POST PRIMARY EDUCATION TEACHERS AND THE CEO TEACHERS SERVICE COMMISSION AND 1 Others
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
High school teachers elected as Branch Executive secretaries by a trade union were deployed back to teaching by the government entity without following proper procedures. The applicants sought judicial review to quash the deployment order, alleging violations of constitutional rights and lack of due process. The court found that the applicants' employment with the union was lawful under the Recognition Agreement and Code of Regulation for Teachers, and the deployment was authorized by the union's request due to financial constraints. The court rejected the applicants' claims of unlawful removal, ruling that the deployment followed the union's internal procedures and the government entity's statutory obligations.
judicial reviewconstitutional rightsdue processunion constitution20 min read
JudgmentREPUBLIC AND WILLIAM LENGOYIAP AND 3 Others VS THE KENYA UNION OF POST PRIMARY EDUCATION TEACHERS AND THE CEO TEACHERS SERVICE COMMISSION AND 1 Others
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
High school teachers elected as Branch Executive secretaries under a union's recognition agreement with the government were recalled to teaching by the government entity (1st Respondent) following union requests due to financial constraints. The applicants sought judicial review to quash the recall, prohibit unilateral removal, and direct salary payments, arguing the recall violated constitutional rights and due process. The court found the applicants' claims of procedural impropriety and lack of legal basis for recall valid, but dismissed the motion due to premature commencement without exhausting internal appeal mechanisms under the Teachers Service Commission Act and CORT regulations.
judicial reviewconstitutional rightsdue processunion constitution20 min read
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