Wairimu v Uhai East African Sexual Health and Rights Initiative (Uhai-Eashri - Herein Represented by the Board Shamim Salim, Christian Rumi, Penina Mwangi, Muthoni Ngige & Julius Kagwa) & 4 others (Constitutional Petition E222 of 2022) [2025] KEELRC 1564 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Constructive dismissal
The petitioner voluntarily resigned and failed to establish constructive unfair dismissal; the resignation defeated the initiated disciplinary process
The court found the employment ended by the petitioner's written resignation after a show cause letter. She purported to answer allegations in her resignation letter, thereby aborting the disciplinary process. Even without email access, the disciplinary process could have addressed her concerns. The toxic environment arose from her own personal relationships, not from any fundamental breach by the employer attributable to the respondents.
Unfair labour practice
No unfair labour practice was established on the test in Peter Wambugu Kariuki v Kenya Agricultural Research Institute
The court applied the test that the right to fair labour practices is drawn from Article 41(2)-(5) and related provisions and workplace conventions. Compulsory leave with pay as a preliminary investigative step did not prejudice the petitioner and did not violate the tenets of fairness under Article 41.
Bill of Rights violations
Claims for constitutional violations were abandoned in final submissions and were otherwise not established
The petitioner pleaded violations of Articles 27, 28, 29, 30, 31, 35 and 47 but in conclusive submissions sought only notice pay, 12 months' pay for unfair termination and service pay. The court treated the Bill of Rights claims as abandoned and, in any event, found them unjustified.
Compulsory leave and due process
Paid compulsory leave as a preliminary step to investigations and due process did not violate Article 41
The respondents submitted compulsory leave was facilitative of investigations and due process. Since the leave was not unpaid, the petitioner suffered no prejudice; fairness under Article 41 was not breached.
Legal principles established
#- The content and scope of the right to fair labour practices is elaborated in Article 41(2), (3), (4) and (5) of the Constitution together with constitutional and statutory provisions and workplace conventions giving effect to them
Court orders
#- 1.The petition is dismissed
- 2.Each party to bear own costs of the petition
- Jurisdiction invoked
- Articles 41 and 47 of the Constitution as read with the Fair Administrative Action Act; petition seeking enforcement of Bill of Rights in the employment relationship
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wairimu v Uhai East African Sexual Health and Rights Initiative (Uhai-Eashri - Herein Represented by the Board Shamim Salim, Christian Rumi, Penina Mwangi, Muthoni Ngige & Julius Kagwa) & 4 others (Constitutional Petition E222 of 2022) [2025] KEELRC 1564 (KLR)", Case Analysis (2025). Petition dated 19.12.2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1564/eng@2025-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.