Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedCause No E110 of 2024· [2025] KEELRC 1013 (KLR)

Munga v Kenya Maritime Authority & another (Cause E110 of 2024) [2025] KEELRC 1013 (KLR)

Employment and Labour Relations Court
27 March 2025
6,561 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~26 min to read original · ~4 min brief

The bottom line

#

A Kenyan court partially halted disciplinary charges against a former maritime authority boss because the employer had no evidence for some accusations.

What this practically means

#

Executive summary

#
The Claimant, formerly Director General of the 1st Respondent under a three-year fixed term contract effective 15th December 2023, challenged disciplinary actions taken against him: compulsory leave, interdiction, and a notice to show cause dated 23rd October 2024. He sought declarations that the actions violated Articles 10, 41, 47 and 232 of the Constitution and section 46 of the Employment Act, a permanent injunction against the disciplinary process, certiorari to quash the impugned decisions, general damages, and orders compelling investigations and oversight. The Respondents resisted the claim and argued the suit offended the doctrine of exhaustion given a right of appeal to the Public Service Commission. Ocharo Kebira J framed two issues: whether the disciplinary process should be stopped, and costs. The court held courts intervene sparingly in employers' disciplinary processes, only in clear cases of unfairness. It found the Board meeting held outside the 1st Respondent's offices was not invalidated by breach of section 8[c] of the State Corporations Act absent ill faith or malice, that Principal Secretary approval sufficed, and that proper notice was issued. However, two charges - failure to appraise staff and disclosure of confidential information - lacked evidential substance and were interdicted. The over-expenditure charge may proceed only upon supply of better particulars and documents within 10 days, failing which the Claimant is deemed exculpated; other counts proceed unconditionally with adherence to procedural fairness. The court set aside its prior order of 23rd January 2025 on remuneration. The declarations and damages were refused, and each party was ordered to bear its own costs.

Key legal issues

#
01

Whether the Board meeting of 20th September 2024 held outside the 1st Respondent's offices was unlawful

Holding

Non-compliance with section 8[c] of the State Corporations Act does not invalidate the meeting's resolutions absent demonstration of ill faith or malice; an interpretation requiring invalidity would lead to absurdity.

Reasoning

The court found section 8[c] imposes a statutory requirement on the place of meeting but is silent on consequences of breach. Reading invalidity into it would produce absurd results, such as invalidating meetings held by video conference. Invalidity requires proof of ill faith, malice or pursuit of an illegal act; otherwise the remedy lies in surcharging board members who breach prudent use of public resources.

p. 10
02

Whether approval from the Principal Secretary could suffice for the Board meeting

Holding

The approval sought from the Principal Secretary was valid; ministerial circulars bind those to whom they apply, and Article 155(2) places day-to-day administration of a State Department with the Principal Secretary.

Reasoning

The court held ministerial circulars have binding effect and that seeking approval from the Principal Secretary was not off the mark. Rescheduling an approved meeting for valid reasons in the presence of Board members does not require fresh approval, as such insistence lacks legal foundation and conflicts with prudent use of public resources and time.

p. 10
03

Whether the disciplinary accusations against the Claimant lacked substance such that the process should be stopped

Holding

Two counts (failure to appraise staff and disclosure of confidential information) lacked substance and must be stopped; the over-expenditure count may continue conditionally upon supply of better particulars and documents; remaining counts proceed unconditionally.

Reasoning

RW3 distanced himself from the Board paper underpinning the appraisal charge, and no evidence supported the leadership accusation. Treating the Claimant's use of the Board paper in court as breach of confidentiality was nonsensical and oppressive. On over-expenditure, the Claimant admitted part occurred during his tenure, so the disciplinary prerogative stands but conditioned on disclosure of documents; the Claimant was not furnished with requested documents.

p. 11

Legal principles established

#
  • Non-adherence to the statutory requirement on the place of a state corporation board meeting does not per se invalidate the deliberations and resolutions of the meeting; invalidity requires demonstration of ill faith, malice or a furtherance of a prior identified illegal act.
  • Courts intervene sparingly in an employer's disciplinary process, only in clear cases of unfairness, breach of natural justice, or breach of agreed, legislated or prescribed standards.
  • It is manifestly unfair and contrary to the implied duty of confidence and trust for an employer to accuse an employee of matters for which it has no supporting evidence.
  • An accused person is entitled to relevant documents and materials in advance of a disciplinary hearing as part of the right to a fair hearing.

Court orders

#
  1. 1.The 1st Respondent is interdicted from continuing with the disciplinary proceedings against the Claimant on the two charges of lack of leadership in performance appraisal of staff for FY 2023/2024 and disclosure of confidential information.
  2. 2.Disciplinary proceedings on the charge of mismanagement of funds shall proceed only upon the 1st Respondent providing the Claimant with better particulars regarding over-expenditure during his time of service and all documents he sought, to be supplied within 10 days of the judgment; in default the Claimant shall be deemed exculpated of the charge.
  3. 3.Disciplinary proceedings against the Claimant on the other counts in the show cause letter dated 23rd October 2024 shall proceed unconditionally but with adherence to procedural fairness.
  4. 4.The Court's order of 23rd January 2025 is set aside; the Claimant's remuneration effective from April 2025 pending conclusion of the disciplinary process shall be per the 1st Respondent's policy on payment of remuneration to interdicted employees.
  5. 5.Each party bears its own costs.

Authorities

#

Legislation

  • Constitution of KenyaArticle 10
  • Constitution of KenyaArticle 41
  • Constitution of KenyaArticle 47
  • Constitution of KenyaArticle 232
  • Constitution of KenyaArticle 155(2)
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
  • Employment ActSection 46
  • State Corporations Act (Cap 446)Section 8[c]
  • State Corporations Act (Cap 446)Section 18
  • State Corporations Act (Cap 446)Section 19(1)
  • State Corporations Act (Cap 446)Section 27
  • Second Schedule to Cap 370Paragraph 3(4)
  • Public Service Commission ActSection 74
  • Civil Procedure RulesOrder 21 Rule 1
  • Civil Procedure Act (Chapter 21)Section 1B

Cases cited (2)

  • Aviation and Allied Workers Union v Kenya Airways Limited
    [2012] eKLR
  • Geofirey Mwroria v Water Resources Management Authority & 2 Others
    [2015] KEELRC 1124 [KLR]
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Constitution and Employment Act (claim framed on Articles 10, 41, 47 and 232 of the Constitution and section 46 of the Employment Act)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Munga v Kenya Maritime Authority & another (Cause E110 of 2024) [2025] KEELRC 1013 (KLR)", Case Analysis (2025). Cause No E110 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1013/eng@2025-03-27

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