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ELRCPartially AllowedNot stated in the judgment as provided· [2025] KEELRC 1304 (KLR)

Charana v Independent Electoral and Boundaries Commission (IEBC); Kenya National Examination Council (Interested Party) (Employment and Labour Relations Petition E189 of 2024) [2025] KEELRC 1304 (KLR)

Employment and Labour Relations Court of Kenya
8 May 2025
HWHellen Wasilwa
3,292 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court halted the IEBC's disciplinary process against an employee because over a year of silence and delay made it unfair.

What this practically means

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Executive summary

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The Petitioner, a Constituency Elections Co-ordinator employed by the Independent Electoral and Boundaries Commission for 16 years, moved the Employment and Labour Relations Court by Notice of Motion dated 9th October 2024 seeking interim orders of stay of further disciplinary proceedings and unconditional reinstatement pending determination of his Petition. He challenged disciplinary proceedings arising from an audit of academic certificates directed by the Public Service Commission, under which KNEC declared his 1986 KACE certificate unauthentic. He argued he was interdicted since March 2024 without being supplied with the investigation report or evidence, that the disciplinary committee was improperly constituted in the absence of Commissioners, and that the prolonged process violated his rights to fair administrative action and fair labour practices. The Respondent countered that the process was still incomplete pending EACC investigations, that he had been accorded fair hearing, and that the court should not interfere with internal disciplinary processes or grant reinstatement before the employer's decision-making process concluded. Wasilwa J framed a single issue: whether the applicant had established a prima facie case with a probability of success. Finding that the applicant had remained on interdiction for over a year with no communication from the respondent, the court held triable issues existed and granted the orders sought in modified form: the ongoing disciplinary process was found flawed and ordered not to proceed, while the respondent was left free to institute a fresh, credible disciplinary process following due process. Costs were awarded in the petition. Judgment was delivered virtually at Nairobi on 8th May 2025.

Key legal issues

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01

Whether the applicant established a prima facie case warranting interim orders against the ongoing disciplinary process

Holding

Yes. The court found triable issues, particularly the time taken in handling the complaint and the lack of communication since March 2024, and granted orders halting the flawed process.

Reasoning

The court noted the applicant had been on interdiction since March 2024 with no communication from the respondent, who admitted it was still authenticating certificates over a year later. Although the court reaffirmed its earlier position that it will not interfere with an employer's disciplinary measures unless necessary, it found the prolonged delay and non-communication raised triable issues amounting to a prima facie case, justifying only correction of the anomaly rather than wholesale pre-emption of the disciplinary process.

p. 7

Legal principles established

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  • An employer's unexplained inordinate delay of over a year in concluding an interdiction and disciplinary process, coupled with lack of communication, renders the process flawed and justifies the court halting it.
  • A flawed disciplinary process should not proceed, but the employer remains entitled to commence a fresh process that complies with due process and applicable regulations.

Court orders

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  1. 1.That the disciplinary process underway is flawed and should not proceed
  2. 2.The respondent is free to institute a fresh and credible disciplinary process against the applicant following all due process and regulations established
  3. 3.Costs in the petition
Jurisdiction invoked
Sections 3 and 12(1), (2), (3) & (4) of the Employment and Labour Relations Court Act No. 8 of 2014; Rule 45(1)(2)(3)(5) and Rule 68(a-g) of the Employment and Labour Relations Court (Procedure) Rules, 2024

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Charana v Independent Electoral and Boundaries Commission (IEBC); Kenya National Examination Council (Interested Party) (Employment and Labour Relations Petition E189 of 2024) [2025] KEELRC 1304 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1304/eng@2025-05-08

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