Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedCause No E524 of 2024· [2025] KEELRC 1149 (KLR)

Mugiira v National Biosafety Authority; Inspectorate of State Corporations (Interested Party) (Cause E524 of 2024) [2025] KEELRC 1149 (KLR)

Employment and Labour Relations Court
9 April 2025
5,058 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~20 min to read original · ~4 min brief

The bottom line

#

A Kenyan employment court refused to halt a CEO's disciplinary process, ruling that flawed procedures should be corrected, not stopped, unless exceptional circumstances exist.

What this practically means

#

Executive summary

#
Dr. Roy B. Mugiira, the Chief Executive Officer of a state corporation, moved the court by Notice of Motion dated 12th July 2024 seeking an injunction restraining the Respondent's Board from suspending him and/or commencing disciplinary proceedings based on an internal audit report and an ad hoc committee report. He contended that the suspension process was flawed: neither he nor management was heard on the audit findings, the ad hoc committee report lacked consensus signatures, the Special Board meeting notice lacked board papers, and the Interested Party and the parent Ministry (by letters of 4th July and 9th July 2024) had flagged irregularities and directed that the suspension be put on hold. He further argued bias, as five of eight Board members sat in the ad hoc committee and two others sat in the audit committee. The Respondent and Interested Party, through the affidavit of Corporation Secretary Moses Sande, maintained that due process was followed, the Interested Party's concerns were resolved at the 5th July 2024 meeting, the Ministry's letter arrived after the suspension, and internal remedies had not been exhausted. The court framed one issue: whether an injunction should issue. Applying Aviation and Allied Workers Union and Geoffrey Mworia, it held intervention is exceptional. It found the ad hoc committee composition imprudent but noted four implicated members had left the Board. It declined the injunction, directing the disciplinary process continue in strict compliance with fairness safeguards and a neutral committee, and disallowed the application with no orders as to costs.

Key legal issues

#
01

Whether the court should grant an injunction stopping the disciplinary proceedings against the Claimant

Holding

The injunction was refused; the disciplinary process may continue subject to strict procedural fairness safeguards and a neutrally constituted disciplinary committee

Reasoning

The court reaffirmed that it will sparingly interfere with an employer's human resource functions. Although it found it was not prudent for five of eight Board members to sit in the ad hoc committee, noting natural justice concerns, four Board members had since left, meaning the Claimant would face substantially new members. Intervention to stop a disciplinary process is reserved for exceptional cases; instead the court directed safeguards rather than halting the process.

p. 9
02

Whether the issues raised by the Interested Party and the parent Ministry concerning the suspension process remained live

Holding

The court found the issues raised by the Interested Party were put to rest at the 5th July 2024 Special Board meeting at which the Interested Party was represented

Reasoning

The minutes of the 5th July 2024 Board meeting annexed to Mr. Sande's Further Affidavit showed that concerns raised by the Interested Party were deliberated upon in the presence of its representative, who advised strict compliance with the law. The court therefore took the view that those objections had been resolved before the suspension resolution proceeded.

p. 9
03

Whether the composition of the ad hoc committee and Board offended natural justice

Holding

The court found it was not prudent for five of eight Board members to sit in the ad hoc committee, as those members might also sit in a disciplinary committee

Reasoning

Five of the eight Board members sat in the ad hoc committee and two others belonged to the audit committee that authored the underlying report. The court held that having accusers also judge would offend natural justice. However, because four members had left the Board, the bias concern was mitigated going forward, which supported allowing the process to continue with safeguards.

p. 9

Legal principles established

#
  • The court will not ordinarily interfere with an employer's internal disciplinary process unless the process offends fairness or due process, breaches natural justice, applicable policy, or would result in manifest injustice
  • Where an employee legitimately feels a disciplinary process is marred by irregularities, the court will intervene not to stop the process altogether but to put things right
  • Members who sat in the audit committee or ad hoc committee should not sit in the disciplinary committee, per natural justice
  • Under Section 46(h) of the Employment Act, an employee's initiation of a complaint or legal proceedings against the employer is not a fair reason for dismissal or imposition of a penalty

Court orders

#
  1. 1.The Court declines to grant the orders sought in the Application dated 12th July 2024
  2. 2.The Application is disallowed with no orders as to costs

Authorities

#

Legislation

  • Public Service Commission ActSections 92, 74, 75
  • Employment ActSection 46(h)
  • Civil Procedure RulesOrder 21 Rule 1
  • Civil Procedure ActSection 1B
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
  • Code of Governance for State Corporations, 2015 (Mwongozo)Not specified
  • Government Circular OP/CAB.9/1A of 11th March 2020 on the management of State CorporationsNot specified
  • Human Resource Policy and Procedures Manual, 2022 (of the Respondent)Not specified

Cases cited (6)

  • Carditor Wanjiru Muchoki v Nakuru Water and Sanitation Services Co. Ltd
  • Aviation and Allied Workers Union v Kenya Airways Limited
    [2012] KEELRC 53 (KLR); [2012] eKLR
  • Rosemary Waitherero Mburu vs Kenya Airways Limited
    [2020] eKLR
  • Gatirau Peter Munya vs Dickson Mwenda Githinji & 2 Others
    [2014] eKLR
  • Geofirey Mworia v Water Resources Management Authority & 2 others
    [2015] KEELRC 1124 (KLR)
  • Rebecca Ann Maina & 2 others vs Jomo Kenyatta University of Agriculture and Technology
    [2014] eKLR
Jurisdiction invoked
Not expressly stated; the court exercised its jurisdiction over employment and labour disputes to consider an interlocutory injunction within a pending suit

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Mugiira v National Biosafety Authority; Inspectorate of State Corporations (Interested Party) (Cause E524 of 2024) [2025] KEELRC 1149 (KLR)", Case Analysis (2025). Cause No E524 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1149/eng@2025-04-09

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