Masese & another v Speaker County Assembly of Kisii & 3 others; Mogire & 2 others (Interested Parties) (Cause E007 of 2025) [2025] KEELRC 919 (KLR)
The bottom line
#Kenya's Employment Court struck out a challenge to County Assembly committee removals because the applicants went to court before exhausting political party dispute channels.
What this practically means
#Executive summary
#Key legal issues
#Exhaustion of alternative remedies
The application is premature because the applicants did not seek exemption and did not attempt internal or Political Parties Tribunal mechanisms before filing suit
Section 40 of the Political Parties Act confers jurisdiction on the Political Parties Disputes Tribunal over disputes between members, between a member and a party, between coalition partners, and between independent candidates and political parties. Section 9(2) of the Fair Administrative Action Act requires exhaustion of internal mechanisms. The applicants' dispute arose from a letter by the Azimio Coalition removing them from committees; they gave no evidence of attempting resolution through the coalition or the Tribunal, filing suit only five days after the letter, and never sought exemption under Section 9(4).
Jurisdiction of the ELRC over the dispute
The court lacks jurisdiction because the dispute concerns committee assignments in the County Assembly driven by political party/coalition haggling, not employment and labour relations
Article 162(2)(a) and Section 12 of the ELRC Act confine the court to employment and labour relations disputes. Neither applicant grounded the application on a contract of service, and the issues did not crystallize as employment-related. The case rests on Articles 47, 50 and 236 of the Constitution and Kisii County Assembly Standing Orders, none of which demonstrates the applicability of the ELRC's jurisdictional provisions. The proper forum for political party and coalition disputes is the Political Parties Disputes Tribunal.
Legal principles established
#- Where there is a clear procedure for redress prescribed by the Constitution or an Act of Parliament, that procedure must be strictly followed before resorting to the courts
- Jurisdiction is a threshold question and a court must down tools the moment it finds it lacks jurisdiction
- Section 9(2) of the Fair Administrative Action Act bars judicial review of an administrative action unless internal and other available remedies are first exhausted
- The jurisdiction of the ELRC is limited to disputes relating to employment and labour relations and the parties contemplated by Article 162(2) and Section 12 of the ELRC Act
Court orders
#- 1.The suit is struck out for lack of jurisdiction
- 2.Parties shall bear their own costs
- Jurisdiction invoked
- Article 162(2) of the Constitution and Section 12 of the Employment and Labour Relations Court Act (questioned; the court held jurisdiction absent)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Masese & another v Speaker County Assembly of Kisii & 3 others; Mogire & 2 others (Interested Parties) (Cause E007 of 2025) [2025] KEELRC 919 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/919/eng@2025-03-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.