Kenya County Government Workers Union v Nairobi City County Government & another [2020] KEELRC 1291 (KLR)
The bottom line
#A union that waited four years to challenge Nairobi County's 2016 recruitment lost because courts won't undo hiring that has already happened.
What this practically means
#Executive summary
#Key legal issues
#Lapse of time and spent orders
The Petition was dismissed because the Court could not make fresh orders contrary to the interim position, as employees had been recruited since 2016
The Petition was filed in 2016 seeking to stop recruitment advertisements. The Court declined interim relief at the time. By judgment four years later the recruitment had proceeded and employees had been engaged. Disturbing the process then could lead to termination of services of already-recruited employees. The Petitioner, by inordinate delay, had slept on its rights, rendering the orders sought spent or not tenable.
Legal principles established
#- A petitioner who delays pursuing relief for years, after failing to obtain interim orders, may find that relief has become spent or not tenable
Court orders
#- 1.The entire Petition is dismissed with no order as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under Article 162(2) of the Constitution; Petition brought for violation of Articles 10, 27, 41, 47, 201(d) and 232 of the Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya County Government Workers Union v Nairobi City County Government & another [2020] KEELRC 1291 (KLR)", Case Analysis (2020). Petition No. 117 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1291/eng@2020-03-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.