Kenya County Government Workers Union v County Government of Kiambu & 6 others (Cause E234 of 2025) [2025] KEELRC 1778 (KLR)
The bottom line
#The Employment Court refused to block Kiambu County from hiring new workers, stressing that unions must try conciliation and act promptly before seeking emergency court orders.
What this practically means
#Executive summary
#Key legal issues
#Whether the Union demonstrated a prima facie case, irreparable harm and balance of convenience to justify a temporary injunction and stay of dismissals
The Motion was found without merit and dismissed.
The court noted the absence of an affidavit of service on the 1st to 6th Respondents, that the ex-parte orders (ii) and (iv) had become spent, that the members were dismissed over two years earlier making a stay imprudent, and that granting the stay would amount to micromanaging the Respondents' human resource functions. The Union also failed to show any attempt at conciliation under Part VIII of the Labour Relations Act.
Whether ex-parte interlocutory orders remain live after the ex-parte stage
Proposed orders (ii) and (iv), which sought ex-parte orders, became spent when not granted at the ex-parte hearing stage and were overtaken by events.
The court held that orders not granted at the ex-parte stage cannot be revived at the inter partes hearing; they are overtaken by events and need not be considered on the merits.
Legal principles established
#- A court will not, at an interlocutory stage and without a hearing on the merits, stay dismissals that occurred long ago, as this would interfere with the employer's human resource managerial prerogative
- A party seeking interlocutory relief must demonstrate that it attempted to have the dispute resolved through the conciliation mechanisms under Part VIII of the Labour Relations Act
Court orders
#- 1.The Motion dated and filed in Court on 25 March 2025 is found without merit and dismissed with no order on costs.
- Jurisdiction invoked
- Not expressly stated; employment and labour relations dispute before the Employment and Labour Relations Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya County Government Workers Union v County Government of Kiambu & 6 others (Cause E234 of 2025) [2025] KEELRC 1778 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1778/eng@2025-06-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.