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ELRCDismissedNot stated in the judgment· [2025] KEELRC 396 (KLR)

Bwanga v Anti Counterfeit Authority & 4 others (Employment and Labour Relations Petition E037 of 2024) [2025] KEELRC 396 (KLR)

Employment and Labour Relations Court
14 February 2025
AMANNA NGIBUINI MWAURE
2,731 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~11 min to read original · ~4 min brief

The bottom line

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The Employment Court in Nakuru dismissed an employee's bid to stop a disciplinary process before it even started, ruling he should first exhaust internal procedures.

What this practically means

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Executive summary

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The Petitioner, employed by the Anti-Counterfeit Authority as a Chief-Anti Counterfeit Inspector Grade ACA 7 since 2015, was issued with a Notice to Show Cause dated 31st January 2024 alleging gross misconduct: disrespecting and abusing supervisors, failing to meet report deadlines, and breaching a vehicle movement directive. Through his advocates he requested details and documents; he then filed a petition on 14th March 2024 seeking a declaration that the Respondents' acts were unlawful and null and void, an order of certiorari to quash the show cause letter, and an order of prohibition against any disciplinary action, claiming violations of Articles 10, 24, 28, 35, 47, 50 and 236 of the Constitution and the Fair Administrative Actions Act. The Respondents opposed, stating no disciplinary decision had been made, that information requested had been furnished, and that the Petitioner had prematurely rushed to court without exhausting the disciplinary procedure in the Human Resource Policy and Procedures Manual 2021. They relied on authority that courts should not interfere with internal disciplinary processes unless flawed, and that claims resting on contingent future events are not ripe for adjudication. The court, canvassing the matter on written submissions (the Petitioner filed none), applied the principle that judicial interference with an employer's disciplinary process is rare, justified only where the process offends fairness or due process, breaches agreed or legislated standards, or would cause manifest injustice, and where internal mechanisms have been exhausted. Noting that no disciplinary hearing had been convened and that communication between the parties was ongoing, the court held the petition premature and dismissed it, with each party bearing their own costs.

Key legal issues

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01

Whether the court should intervene in a disciplinary process that has not commenced

Holding

The petition was premature; the court will not stop a disciplinary process that has not even commenced

Reasoning

The Petitioner filed the petition barely two months after the notice to show cause, before any disciplinary hearing had been convened. The court reiterated the settled principle that intervention in an employer's disciplinary process is rare and justified only where the process offends fairness, due process or natural justice, breaches agreed or statutory standards, or would cause manifest injustice, and where internal mechanisms have been exhausted. The Petitioner had responded to the show cause letter and was still engaged with the Respondent; he should have awaited the outcome of the internal process before resorting to the court.

p. 6

Legal principles established

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  • Courts will not interfere with an employer's internal disciplinary process unless it is evidently flawed, breaches agreed or legislated procedure, or would result in manifest injustice, and employees must exhaust internal mechanisms before coming to court

Court orders

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  1. 1.Petition dismissed
  2. 2.Each party to meet their respective costs of the petition
Jurisdiction invoked
Constitution of Kenya, 2010 (petitions for enforcement of rights under Articles 47, 50 and 236; Employment and Labour Relations Court jurisdiction)

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, "Bwanga v Anti Counterfeit Authority & 4 others (Employment and Labour Relations Petition E037 of 2024) [2025] KEELRC 396 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/396/eng@2025-02-14

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