Juma & 4 others (Petitioners on their Behalf and on Behalf of 285 Other Casual Labourers at the National Police Service) v National Police Service Commission & 6 others (Employment and Labour Relations Petition E148 of 2023) [2025] KEELRC 2158 (KLR)
The bottom line
#Kenya's Employment Court struck out a police casual workers' petition because the 285 workers it claimed to represent were unnamed and never authorised the case.
What this practically means
#Executive summary
#Key legal issues
#Competence of the representative petition
The petition was struck out because the 285 other casual labourers it purported to represent were undisclosed and gave no authority
The court observed that the letter to the Inspector General was signed by only three people and the names of the officers represented were not indicated. It was therefore not clear who the 285 others were, and without disclosure and authorisation the petition lacked material facts and could not proceed.
Authority to recruit within the National Police Service
The court noted that appointment and termination of service in the Police Service is a preserve of the National Police Service Commission, which never participated in recruiting the Petitioners as casuals
The court observed that the casual engagement was initiated by the 2nd Respondent on periodic contracts, whereas the power to appoint and terminate in the Police Service rests with the 1st Respondent, which was not involved in the initial recruitment. This formed the background to the dispute but was not determinative given the striking out.
Legal principles established
#- A representative petition filed on behalf of undisclosed persons who have given no written authorisation is defective and incompetent
Court orders
#- 1.Petition struck out
- 2.No order of costs
- Jurisdiction invoked
- Article 165 of the Constitution (constitutional petition jurisdiction) as an employment and labour relations matter
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Juma & 4 others (Petitioners on their Behalf and on Behalf of 285 Other Casual Labourers at the National Police Service) v National Police Service Commission & 6 others (Employment and Labour Relations Petition E148 of 2023) [2025] KEELRC 2158 (KLR)", Case Analysis (2025). Petition dated 26th September 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2158/eng@2025-07-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.