Kenya Chemical Workers' Union v Alliance Concrete Ltd (Cause E195 of 2025) [2025] KEELRC 2658 (KLR)
The bottom line
#Kenya's Employment Court ruled that dismissed employees cannot be reinstated before a full hearing — reinstatement is a final remedy reserved for exceptional cases.
What this practically means
#Executive summary
#Key legal issues
#Whether reinstatement can be granted at the interlocutory stage
No. It is a final remedy under section 49(3) reserved for after a hearing on the merits, and at the interlocutory stage it would constitute specific performance requiring exceptional circumstances.
The Court reasoned that since the Grievants had already been dismissed, ordering reinstatement before trial would effectively grant final relief prematurely. The statutory reinstatement power in section 49(3) is exercised on the merits after a full hearing. Granting it pendente lite equates to specific performance of an employment contract, which Kenyan law permits only in exceptional circumstances, none demonstrated here.
Whether an anti-harassment injunction could issue against the Respondent
No, because the Grievants are no longer in an employment relationship with the Respondent, so harassment within that context does not arise.
The Court found the injunction premise defective: the employment relationship had ended upon dismissal. Harassment 'within the context of employment' could therefore not be established at the interlocutory stage, and the Union did not demonstrate the exceptional circumstances necessary to warrant the interlocutory orders sought.
Legal principles established
#- Reinstatement under section 49(3) of the Employment Act, 2007 is a final remedy to be granted after a hearing on the merits, not at the interlocutory stage
- Interlocutory reinstatement of a dismissed employee amounts to an order of specific performance, grantable only in exceptional circumstances
Court orders
#- 1.The Motion dated 3 March 2025 is dismissed with costs in the cause
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (section 49(3) invoked on reinstatement)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Chemical Workers' Union v Alliance Concrete Ltd (Cause E195 of 2025) [2025] KEELRC 2658 (KLR)", Case Analysis (2025). Motion dated 3 March 2025 (suit number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2658/eng@2025-10-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.