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ELRCDismissedPetition dated 24th September 2024· [2025] KEELRC 1385 (KLR)

Wafula v Koome & another (Employment and Labour Relations Petition E146 of 2024) [2025] KEELRC 1385 (KLR)

Employment and Labour Relations Court
8 May 2025
6,627 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 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

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Executive summary

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The Petitioner, serving as Chairperson of the Tax Appeals Tribunal on a five-year term ending 12th May 2025, petitioned the court challenging a disciplinary process initiated by the Chief Justice and the Judicial Service Commission. He faced two charges of misconduct dated 30th August 2024: demanding draft decisions from panels for 'quality control' and failing to attend Leadership Management Team meetings. He sought conservatory orders staying the process, declarations that his rights to fair hearing, fair administrative action, fair labour practices and access to information under Articles 41, 47, 50 and 35 had been violated, declarations that the Deputy Chief Justice and Justice Mabeya acted ultra vires in convening a meeting of 27th May 2024, certiorari, mandamus, prohibition, compensation and a recommendation on the Tribunal's under-capacitation. The court framed three issues: prematurity, proof of rights violations, and entitlement to relief. It found the petition premature: the disciplinary process was still underway, the Chief Justice had extended time and furnished the Registrar's statement, and the Petitioner continued participating while reserving the right to supplement his response. Relying on precedent, the court held it will not intervene where internal mechanisms remain and the employee has not exhausted them. The declarations against the judges were dismissed as misconceived, those officers not being parties, and the claims amounting to abuse of process. All reliefs were refused and each party ordered to bear its own costs given the public interest aspects.

Key legal issues

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01

Prematurity of the petition

Holding

The petition was filed prematurely while the disciplinary process was still underway and while the Petitioner was still participating in it

Reasoning

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.

p. 11
02

Alleged violation of fair hearing and fair administrative action (Articles 47, 50)

Holding

Not proved; the process was not inordinately slow or unfair

Reasoning

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.

p. 11
03

Alleged ultra vires acts of the Deputy Chief Justice and Justice Mabeya

Holding

Claims dismissed as misconceived; the judges were not parties and the claims were an abuse of process

Reasoning

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.

p. 13

Legal principles established

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  • 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

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  1. 1.The petition and the conservatory orders sought are dismissed; the declarations, certiorari, mandamus, prohibition, compensation and recommendation prayers were not merited.
  2. 2.Each party to bear their own costs of the petition.

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 10, 35(1)(a) and (b), 41(1), 41(2)(b), 47(1), 50(2)(b), (c) and (j), 73(2)(b)
  • Tax Appeals Tribunal ActSections 9(1), 9(2)(c), 29(1), 32(1), 32(2), 35(1)
  • Judicial Service ActThird Schedule, paragraphs 15, 23(1), 25(1), 25(3)
  • Judiciary Human Resource Policies and Procedures ManualClause D.7.2.2(i)
  • Judicial Service Code of Conduct and EthicsRegulations 34, 35, 36
  • Evidence ActSections 107, 108
  • Employment Act, 2007

Cases cited (6)

  • Republic versus Kenya Institute of Supplies Management ex parte Mwaniki Gachuba
    (2019) eKLR
  • Judicial Service Commission & Another v Onyango
    Civil Appeal E082 of 2022 (2023) KECA 1109 (KLR) (22 September 2023)
  • Mulwa Msanifu Kombo vs Kenya Airways
    (2013) KEELRC 747 (KLR)
  • John Mburu Kamau v Kenya Accreditation Service
    (2021) KEELRC 8 KLR
  • Rebecca Ann Maina & 2 others v Jomo Kenyatta University of Agriculture & Technology
  • Alfred Nyungu Kimungui Vs Bomas of Kenya
    Industrial Court Cause No 620 of 2013
Jurisdiction invoked
Articles 35, 41, 47, 50 and 10 of the Constitution of Kenya 2010; Tax Appeals Tribunal Act; Judicial Service Act

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, "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.