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ELRCDismissedPetition dated 27th June 2023 (ELRC)· [2025] KEELRC 206 (KLR)

Longolenyang v Principal Secretary State Department of Lands and Physical Planning- Ministry of Lands, Public Works, Housing and Urban Development & 2 others (Employment and Labour Relations Petition E125 of 2023) [2025] KEELRC 206 (KLR)

Employment and Labour Relations Court
31 January 2025
3,504 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court confirmed employers can transfer staff freely unless malice or discrimination is clearly proved, and refused to protect an employee who refused to report.

What this practically means

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Executive summary

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The Petitioner, a Chief Land Registration Officer later promoted to Principal Land Registration Officer in the State Department of Lands, petitioned the ELRC on 27th June 2023 challenging a series of transfers and a threatened summary dismissal. He claimed violations of Articles 41, 47 and 236 of the Constitution, alleging that his transfer to Taita Taveta Land Registry was issued without adequate notice, that the Respondents ignored a Court of Appeal consent order restricting his transfer pending Civil Appeal E433 of 2021, and that his office locks were changed to deny him access. The 1st and 2nd Respondents argued he had accepted the transfer, refused to report, was a serial litigator abusing court process, and had since accepted a transfer to Kiambu. The 3rd Respondent (Public Service Commission) maintained the transfers were lawful administrative action under Article 234 and section 43 of the Public Service Commission Act, and that internal mechanisms were not exhausted. The court framed two issues: whether the petition was merited and whether the reliefs were payable. It found the Petitioner was a serial litigator who had voluntarily accepted the Taita Taveta transfer by letter of 18th May 2023 but refused to report, conduct it deemed insubordination justifying disciplinary action. It held that absent proof of malice or discrimination an employer may transfer employees, and courts should not interfere with internal employer mechanisms except in exceptional circumstances. The pending appeal E433 of 2021 remained undetermined. The petition, including prayers 1 to 12, was dismissed as overtaken by events and unproved, with each party bearing their own costs.

Key legal issues

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01

Whether the Petitioner's constitutional rights were breached by the transfer and threatened disciplinary action

Holding

Petition dismissed; no constitutional breach proved; the Petitioner's refusal to report to Taita Taveta despite having accepted the transfer amounted to insubordination warranting disciplinary action

Reasoning

The court found the Petitioner was a serial litigator over successive transfers. He accepted the Taita Taveta transfer by letter of 18th May 2023 and retracted his counsel's protest letter, yet failed to report to the new station. The court held that absent proof of malice or discrimination an employer may transfer employees, and that the Petitioner's conduct justified disciplinary action. The claim of violation of Articles 41, 47 and 236 was not proved.

p. 7
02

Effect of the pending Court of Appeal consent order and unfinalised appeal (Civil Appeal E433 of 2021)

Holding

The consent order maintaining the Petitioner at Nairobi headquarters had not been vacated, and the appeal remained pending; prudence required finalising that appeal before filing new suits

Reasoning

The court noted there was no evidence that the consent order had been vacated or that the appeal had been heard and determined. It held the Petitioner ought first to finalise the pending appeal in the superior court before instituting further proceedings on related transfers.

p. 7
03

Whether the petition was overtaken by events

Holding

Prayers 1-12 were overtaken by events because the Petitioner had accepted a transfer to Kiambu Land Registry and was working there

Reasoning

The Respondents averred, in submissions dated 8th October 2024, that the Petitioner accepted transfer to Kiambu Land Registry by letter dated 19th September 2023 and was currently working there. The Petitioner did not refute this allegation, so the court found no basis to grant the reliefs.

p. 7

Legal principles established

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  • An employer may transfer employees unless there is obvious and undisputed proof of malice or discrimination
  • Courts will rarely interfere with an employer's internal mechanisms except in exceptional circumstances

Court orders

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  1. 1.The Petition dated 27th June 2023 is dismissed and all attendant prayers (prayers 1-12) are declined
  2. 2.Each party to bear their respective costs

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 4(4), 10, 41, 47, 48, 159(2)(d), 165, 232, 234, 236
  • Fair Administrative Action Actsections 4(2), 17
  • Civil Procedure Actsection 6
  • Public Service Commission Act, 2017section 43
  • Public Service Commission Regulation, 2020Regulation 77
  • Civil Procedure RulesOrder 21 Rule 1; Section 1B of the Civil Procedure Act

Cases cited (9)

  • Republic V CEO, Youth Enterprise Development Fund, Board of Directors, Youth Enterprise Development Fund Ex-parte Entone Wasonga
    [2018] KEELRC 2026 (KLR)
  • Geofirey Mworia V Water Resources Management Authority and 2 others
    [2016] KEELRC 860 (KLR)
  • Kenya National Commission on Human Rights V Attorney General; Independent Electoral & Boundaries Commission & 16 others (Interested parties)
    [2020] KESC 54 (KLR)
  • Equity Bank Limited V Bruce Mutie Mutuku t/a Diani Tour & Travel
    [2016] KECA 250 (KLR)
  • Kaushik Panchamatia, Sunrise Hauliers Limited, Rishi Hauliers Limited & Dunga Wholesalers Limited V Prime Bank Limited & Garam Investment Auctioneers
    [2020] KECA 418 (KLR)
  • Benson Limo Long'olenyang versus The Principal Secretary, Ministry of Lands and Physical planning & 2 others
    Nairobi Civil Appeal No. E433 of 2021
  • Benson Limo Long'olenyang (Nairobi ELRC Petition No. E044 of 2020)
  • Edwin Munoko Wafula, Benson Limo (Nairobi ELRC Petition No. E045 of 2020)
  • ELRC Petition No. E106 of 2023
Jurisdiction invoked
Articles 28, 31, 41, 47, 73 and 165 of the Constitution (invoked by the Petitioner); Fair Administrative Action Act section 17

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Longolenyang v Principal Secretary State Department of Lands and Physical Planning- Ministry of Lands, Public Works, Housing and Urban Development & 2 others (Employment and Labour Relations Petition E125 of 2023) [2025] KEELRC 206 (KLR)", Case Analysis (2025). Petition dated 27th June 2023 (ELRC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/206/eng@2025-01-31

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.