Chege v Kenyatta University & another; Public Service Commission (Interested Party) (Miscellaneous Cause E175 of 2023) [2025] KEELRC 410 (KLR)
The bottom line
#The Employment and Labour Relations Court struck out a professor's attempt to enforce a Public Service Commission decision, ruling that section 89 of the PSC Act only covers county government workers, not public university employees.
What this practically means
#Executive summary
#Key legal issues
#Applicability of section 89 of the Public Service Commission Act to public university employees
Section 89 does not apply; it is confined to county government public service appeals, so the court had no jurisdiction to enforce the PSC decision in this manner
Section 89 falls under Part XV of the Public Service Commission Act, titled 'Hearing and Determination of Appeals in Respect of County Government Public Service'. Although the PSC has broader mandate under Article 234 of the Constitution, Parliament deliberately confined section 89 to county government public service. The court cannot by judicial craft extend the provision beyond the legislature's mandate. Kenyatta University is a public university governed by the Universities Act, 2012.
Correct procedural avenue for enforcing a PSC decision / challenging an administrative decision
The Notice of Motion was bad in law and struck out; the applicant was free to file a petition or judicial review proceedings under Rule 10 of the ELRC (Procedure) Rules, 2024
The default avenue for challenging an administrative decision, act or omission is judicial review, which may be sought via judicial review proceedings or constitutional petitions as provided under Rule 10 of the Employment and Labour Relations Court (Procedure) Rules, 2024. A party seeking substantive orders must comply with procedural rules; an application under rules 4 and 7 of the 2016 Rules could not sustain substantive relief.
Legal principles established
#- Section 89 of the Public Service Commission Act is restricted to enforcement of appeal decisions in respect of county government public service and does not extend to decisions concerning public university employees
- An application seeking substantive orders is procedurally defective; substantive relief must be sought by statement of claim, petition or judicial review proceedings
Court orders
#- 1.The application is struck out as bad in law
- 2.No orders as to costs
- 3.Liberty noted for the applicant to approach the court under Rule 10 of the Employment and Labour Relations (Procedure) Rules, 2024 for the case to be considered on merit
- Jurisdiction invoked
- Sections 74 and 89 of the Public Service Commission Act; Sections 3, 4 and 20 of the Employment and Labour Relations Court Act, 2011 (invoked by applicant; court found no jurisdiction under section 89)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chege v Kenyatta University & another; Public Service Commission (Interested Party) (Miscellaneous Cause E175 of 2023) [2025] KEELRC 410 (KLR)", Case Analysis (2025). Notice of Motion dated 29th August 2023 (ELRC, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/410/eng@2025-02-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.