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)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the Petitioner's constitutional rights were breached by the transfer and threatened disciplinary action
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
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.
Effect of the pending Court of Appeal consent order and unfinalised appeal (Civil Appeal E433 of 2021)
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
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.
Whether the petition was overtaken by events
Prayers 1-12 were overtaken by events because the Petitioner had accepted a transfer to Kiambu Land Registry and was working there
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.
Legal principles established
#- 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
#- 1.The Petition dated 27th June 2023 is dismissed and all attendant prayers (prayers 1-12) are declined
- 2.Each party to bear their respective costs
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.