Gema Watho Association & another v Kenya Airports Authority & 3 others (Employment and Labour Relations Petition E222 of 2024) [2025] KEELRC 1081 (KLR)
The bottom line
#Kenya's Employment Court halted KAA's Managing Director re-hiring, ruling that a public body cannot quietly re-advertise a filled position without explaining why.
What this practically means
#Executive summary
#Key legal issues
#Locus standi of the Applicants before the ELRC
The objection to standing fails; Article 22 permits any person, including public-spirited persons and associations, to institute proceedings alleging threatened violation of Bill of Rights freedoms
The Respondents argued that under section 12 of the ELRC Act only parties with an employment relationship may come before the Court. The Court held that Article 22 of the Constitution grants every person the right to institute proceedings claiming a denial, violation or threatened infringement of a right or fundamental freedom, and the applicants could also sue in the public interest. The locus objection therefore could not stand.
Whether a prima facie case was established for conservatory orders
Yes; the unexplained re-advertisement of the Managing Director position after interviews were completed showed lack of transparency and a breach of Article 201(d) of the Constitution
The Court found that the position had been advertised on 11th June 2024, applicants shortlisted and interviews conducted on 4th December 2024, yet the position was re-advertised on 20th December 2024 without any explanation of why the first process bore no fruit. This lack of transparency offended Article 10 and constituted wasteful use of public money under Article 201(d), establishing a prima facie case warranting confirmation of the interim orders.
Prematurity and access to information under Article 35
The prematurity objection did not succeed; the Respondents did not explain how Article 35 related to the information requested
The Respondents contended the access-to-information prayers were premature because the request letter issued on 24th December 2024 while the petition was filed on 30th December 2024. The Court noted the Respondents had not explained how Article 35 of the Constitution related to the information requested, and ordered supply of the information sought within 14 days.
Legal principles established
#- Article 22 of the Constitution confers standing on every person to institute proceedings claiming a violation or threatened violation of rights in the Bill of Rights
- Unexplained re-advertisement of a position after a completed recruitment process is a breach of the constitutional principle that public money shall be used in a prudent and responsible way
Court orders
#- 1.A conservatory order to restrain the Respondents, their agents and/or servants from recruiting, processing, interviewing and/or appointing any person for the position of Managing Director further to the re-advertisement of that vacancy on 20th December 2024 pending the hearing and determination of the Petition
- 2.The respondent to forthwith supply the information sought under prayer (iv) within 14 days
- 3.Costs of the application to be in the petition
- Jurisdiction invoked
- Articles 22, 162 and 165 of the Constitution of Kenya 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gema Watho Association & another v Kenya Airports Authority & 3 others (Employment and Labour Relations Petition E222 of 2024) [2025] KEELRC 1081 (KLR)", Case Analysis (2025). Notice of Motion dated 30th December 2024 (in a Petition). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1081/eng@2025-04-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.