Associaton of Public Health Officers of Kenya v Siaya County Secretary & 2 others (Petition E010 of 2024) [2025] KEELRC 407 (KLR)
The bottom line
#The Employment and Labour Relations Court dismissed Siaya County Public Service Board's bid to overturn a judgment, confirming email service counts and that jurisdiction complaints belong on appeal.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELRC over the constitutional petition
The ELRC has jurisdiction to hear constitutional petitions and enforce fundamental rights ancillary and incidental to employment and labour relations disputes
Relying on the Supreme Court in Kenya Tea Growers Association v NSSF, the Court of Appeal in Daniel N. Mugendi v Kenyatta University and Majanja J in USIU v Attorney General, the court held that jurisdiction over employment and labour matters under Article 162(2)(a) extends to constitutional questions incidental to such disputes, and the High Court is precluded from such matters under Article 165(5)(b).
Whether service was effected on the applicants
Service via the applicants' official email addresses was proved by an affidavit of service and electronic print-out and was not controverted; the ex parte judgment was regular
The applicants did not deny that the email addresses used (infopsb@siaya.go.ke and info@siaya.go.ke) belonged to them, nor explain when their advocates learnt of the matter. The stay orders were also emailed to them, indicating awareness. Their contention of no service was unsubstantiated.
Whether the applicants' defence raises triable issues
No bona fide triable issues were raised; the only issue identified was jurisdiction, which is a matter of law not evidential
Applying Job Kilach v Nation Media Group and Patel v Cargo Handling Services, a triable issue is one requiring interrogation at trial. The applicants raised only the jurisdictional objection, which should be a ground of appeal rather than a post-judgment motion ground, and disclosed no quantifiable prejudice beyond the cost of re-advertising the position.
Legal principles established
#- Setting aside or varying an ex parte judgment under Order 10 Rule 11 is a matter of judicial discretion to be exercised judicially
- An irregular ex parte judgment, e.g. one obtained without proper service, ought to be set aside ex debito justitiae rather than as a matter of discretion
- The ELRC may determine questions of constitutional validity of a statute arising within a dispute falling within its employment and labour relations jurisdiction
- Service of court documents by email to addresses belonging to the party, uncontroverted by affidavit, constitutes effective service
Court orders
#- 1.The Applicants' Notice of Motion dated September 16, 2024 is dismissed with no orders as to costs
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution and the Employment and Labour Relations Court Act (court seised of a constitutional petition within its employment and labour relations jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Associaton of Public Health Officers of Kenya v Siaya County Secretary & 2 others (Petition E010 of 2024) [2025] KEELRC 407 (KLR)", Case Analysis (2025). Petition (Siaya County Director of Health recruitment matter) - Notice of Motion dated September 16, 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/407/eng@2025-02-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.