Ndengu & 13 others v County Public Service Board of Bungoma & 3 others (Constitutional Petition E005 of 2024) [2025] KEELRC 247 (KLR)
The bottom line
#The Employment Court in Bungoma refused to stop county recruitment interviews, ruling that conservatory orders suit public-interest cases, not private employment disputes.
What this practically means
#Executive summary
#Key legal issues
#Whether conservatory orders should issue to stop the recruitment interviews pending hearing of the petition
The application was denied. The court could not ascertain the status quo and the applicants failed to establish a prima facie case; conservatory orders are public-law remedies unsuited to private employment interests absent demonstrated public interest
The court applied the Supreme Court's principles in Munya, distinguishing conservatory orders from interlocutory injunctions. It found conservatory orders belong to public law and public-interest litigation. The applicants, private individuals litigating personal employment interests, had not shown their cause extended to public interest. They also failed to prove current employment, and the court declined to micromanage the human resources function of public institutions. The uncertainty over the status quo, interviews possibly already concluded, rendered the order sought futile.
Whether the dispute properly belongs before the constitutional jurisdiction of the ELRC or in ordinary employment causes
Absent demonstrated public interest or constitutional violation, employment disputes should be brought as ordinary causes under the Employment Act and related statutes, with remedies compensable in damages
The court observed that unless the employment relationship extends to a matter of public interest or a demonstrated constitutional breach, parties should file ordinary causes. Any wrongful termination or breach of the applicants' contracts could be compensated under statutory employment laws, meaning no irreparable harm justified constitutional conservatory relief. The court cautioned itself against descending into the arena of human resources management.
Legal principles established
#- Conservatory orders are public-law remedies granted on the inherent merit of a case bearing in mind public interest and constitutional values, and are more appropriate in public interest litigation than in private employment disputes
- Constitutional petitions alleging violation of fundamental rights must plead the specifics of the alleged violations
Court orders
#- 1.The undated notice of motion filed in court alongside the petition is hereby denied and dismissed
- 2.Costs in the petition
- Jurisdiction invoked
- Original jurisdiction in employment and labour relations under Article 162(2) of the Constitution and the Employment and Labour Relations Court Act; constitutional petition under Articles 23 and 258 of the Constitution of Kenya 2010
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
Cite this brief
#Cite this brief
Caselaw, "Ndengu & 13 others v County Public Service Board of Bungoma & 3 others (Constitutional Petition E005 of 2024) [2025] KEELRC 247 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/247/eng@2025-01-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.