Wafula v Koome & another (Employment and Labour Relations Petition E146 of 2024) [2025] KEELRC 1385 (KLR)
The bottom line
#Kenya's Employment Court dismissed a Tax Appeals Tribunal Chairperson's bid to stop his disciplinary process, ruling courts won't halt internal processes employees choose to participate in.
What this practically means
#Executive summary
#Key legal issues
#Prematurity of the petition
The petition was filed prematurely while the disciplinary process was still underway and while the Petitioner was still participating in it
The disciplinary process had not concluded; the Chief Justice had extended time and furnished the Registrar's statement, and the Petitioner had responded while reserving the right to supplement. The court found the procedural aspects were still underway, both parties complying, and that filing the petition pre-empted a lawful internal process. The court relied on authority that it will not intervene where internal mechanisms exist and the employee has not exhausted them.
Alleged violation of fair hearing and fair administrative action (Articles 47, 50)
Not proved; the process was not inordinately slow or unfair
The court held that the disciplinary process from 30th August 2024 to filing on 24th September 2024 was not inordinately slow as to be irrational, unreasonable or capricious. Disclosure had been partly given and extensions granted. The Petitioner did not demonstrate bad faith in the 14-day timelines.
Alleged ultra vires acts of the Deputy Chief Justice and Justice Mabeya
Claims dismissed as misconceived; the judges were not parties and the claims were an abuse of process
The court found the declarations misconceived because the judicial officers were not named as respondents, the alleged facts arose from the ongoing disciplinary process the petition sought to pre-empt, and the Petitioner failed to prove those officers violated his rights. The question of the Chairperson's casting vote under section 29(1) of the TAT Act was a matter for the ongoing disciplinary process.
Legal principles established
#- A court will not intervene in an ongoing employer disciplinary process where the employee participates in it and internal mechanisms remain available
- Petitions filed to pre-empt lawful ongoing internal processes are premature and may constitute abuse of court process
Court orders
#- 1.The petition and the conservatory orders sought are dismissed; the declarations, certiorari, mandamus, prohibition, compensation and recommendation prayers were not merited.
- 2.Each party to bear their own costs of the petition.
- Jurisdiction invoked
- Articles 35, 41, 47, 50 and 10 of the Constitution of Kenya 2010; Tax Appeals Tribunal Act; Judicial Service Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wafula v Koome & another (Employment and Labour Relations Petition E146 of 2024) [2025] KEELRC 1385 (KLR)", Case Analysis (2025). Petition dated 24th September 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1385/eng@2025-05-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.