Koria v Cabinet Secretary, Ministry of Gender, Culture, Arts & Heritage & 6 others (Employment and Labour Relations Petition E215 of 2023) [2023] KEELRC 3340 (KLR)
The bottom line
#A Kenyan court ruled that a public officer suspended after a corruption recommendation can still sue in the Employment Court, not only the Anti-Corruption Division.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELRC over suspension of a public officer recommended by EACC under Section 42(7) of the Leadership and Integrity Act
The ELRC has jurisdiction because the suspension was effected by the employer in exercise of disciplinary power and is premised on the contract of service
The court distinguished the EACC recommendation from the actual suspension, which was effected by the Cabinet Secretary as employer. Since the Petition and Motions are premised on suspension of a contract of service between the Petitioner and Bomas of Kenya, the dispute falls within Article 162(2) and Section 12 of the ELRC Act, and the employee's access to the court must be safeguarded.
Whether the Maraga Directions oust the ELRC's jurisdiction over the Petition
The court implicitly rejected the objection, holding the matter to be an employment dispute within its jurisdiction notwithstanding the corruption-related recommendation
Although the 2nd Respondent argued that petitions on corruption and economic crime matters must go to the Anti-Corruption and Economic Crimes Division of the High Court, the court found the impugned suspension was a disciplinary act of the employer, not a challenge to EACC's investigations, and so the dispute belongs to the ELRC.
Legal principles established
#- Where a public officer's suspension is issued by the employer in exercise of disciplinary power, the dispute is an employment and labour relations dispute within the exclusive jurisdiction of the ELRC
Court orders
#- 1.The preliminary objection is declined
- 2.The parties will proceed with the hearing of the application and petition before any other judge of the Division
- 3.Case to be mentioned before the Principal Judge Hon. Justice Byram Ongaya on 13th February, 2024 for allocation and further directions
- 4.Interim orders extended to 13th February, 2024
- Jurisdiction invoked
- Article 162(2) of the Constitution; Section 12 of the Employment and Labour Relations Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Koria v Cabinet Secretary, Ministry of Gender, Culture, Arts & Heritage & 6 others (Employment and Labour Relations Petition E215 of 2023) [2023] KEELRC 3340 (KLR)", Case Analysis (2023). Petition dated 22nd November 2023 with Notices of Motion dated 21st and 22nd November 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/3340/eng@2023-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.