Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCOtherNot stated in the judgment· [2025] KEELRC 290 (KLR)

Habwe & 2 others v Munyiri (Sued as the Deputy Presiding Bishop of PEFA) & 3 others (Employment and Labour Relations Petition E220 of 2024) [2025] KEELRC 290 (KLR)

Employment and Labour Relations Court
6 February 2025
MNMathews Nduma
610 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court ruled it cannot decide internal church governance disputes, transferring pastors' case to the High Court's constitutional division.

What this practically means

#

Executive summary

#
The Respondents raised a preliminary objection that the petition, filed by pastors and members of the Pentecostal Evangelistic Fellowship of Africa (PEFA) against the church's Registered Trustees and officials, fell outside the ELRC's jurisdiction under Article 162(1) of the Constitution and Section 12 of the ELRC Act. The Petitioners complained that the Respondents unilaterally and unconstitutionally approved branch and collateral statutes conferring cathedral status on PEFA Gimu, Ruai and Eastgate and branch status on several other Nairobi churches, without the approval of the Nairobi Regional Council and Executive Council as required by the PEFA constitution. They alleged violations of freedom of association (Article 36) and freedom from discrimination and equality before the law (Article 27), and sought interim orders maintaining the status quo. The court, Mathews Nduma J, agreed with the preliminary objection: the petition disclosed a grievance by pastors and members over violation of Articles 27 and 36, but no dispute between employer and employee. It characterised the matter as a pure civil dispute with a constitutional twist, centred on interpretation and enforcement of the PEFA constitution. Rather than striking out the petition, the court declined jurisdiction and transferred it to the Judicial Review and Constitutional Division of the High Court. No costs order was recorded.

Key legal issues

#
01

Jurisdiction of the ELRC over church internal disputes

Holding

The ELRC lacks jurisdiction because the petition discloses no employer-employee dispute; it is a civil and constitutional dispute over the PEFA constitution

Reasoning

The court examined the petition and found the complaint concerned the Respondents' unilateral approval of branch and collateral statutes for churches in Nairobi Region contrary to the PEFA constitution, implicating Articles 27 and 36. No employer-employee relationship was pleaded. Being a pure civil dispute with a constitutional twist, the matter fell outside Section 12(1) of the ELRCA and Article 162(1), and the court declined to hear it.

p. 2

Legal principles established

#
  • The ELRC's jurisdiction is confined to disputes arising from employer-employee relationships; a pure civil/constitutional dispute over a church's internal constitution does not fall within Article 162(1) and Section 12 of the ELRC Act

Court orders

#
  1. 1.The petition is transferred to the Judicial Review and Constitutional Division of the High Court, the court declining jurisdiction
Jurisdiction invoked
Article 162(1) of the Constitution as read with Section 12(1) of the Employment and Labour Relations Court Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Habwe & 2 others v Munyiri (Sued as the Deputy Presiding Bishop of PEFA) & 3 others (Employment and Labour Relations Petition E220 of 2024) [2025] KEELRC 290 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/290/eng@2025-02-06

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