Banticha v Government Press & another; Clerk - Isiolo County Assembly & another (Interested Parties) (Employment and Labour Relations Petition E139 of 2025) [2025] KEELRC 2983 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether this court has jurisdiction to handle this petition.
- 2.Whether the orders sought can be granted.
Key legal issues
#Jurisdiction of the ELRC over disputes concerning the Speaker of a County Assembly
The preliminary objection on jurisdiction failed because it rested on contested facts; the objection was dismissed and the petition may proceed
The court applied the Mukisa Biscuit principle that a preliminary objection must be a pure point of law on uncontested facts. Because the existence of an employer-employee relationship between the Speaker and the County Assembly was contested, the jurisdictional issue could not be resolved summarily, and the objection was dismissed.
Whether conservatory orders should issue
Interim orders of 15th July 2025 confirmed pending full hearing since the applicant demonstrated an arguable case on the face of it
The court noted that determining whether a gazettement already in force can be revised would effectively decide the entire petition at a preliminary stage. Finding the applicant had demonstrated an arguable case justifying the interim orders, the judge confirmed them pending the hearing of the petition, with costs in the petition.
Legal principles established
#- A preliminary objection must raise pure points of law based on uncontested facts capable of disposing of the suit without further evidence
Court orders
#- 1.The preliminary objection dated 17th July 2025 is dismissed
- 2.Interim orders made on 15th July 2025 confirmed pending hearing and determination of the entire petition
- 3.Costs in the petition
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 162(2) of the Constitution as read with Section 12 of the Employment and Labour Relations Court Act
Relief refused
#Reversal/vacation of the interim orders of 15th July 2025
The court found the applicant had demonstrated an arguable case and no reason to reverse the orders at that stage
Costs
Costs will be in the petition
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The issue raised on whether the court has jurisdiction or not arises out of contested facts and in view of the findings of the “Supreme Court of Kenya and KECA, the issue of this court’s jurisdiction in the preliminary objection raised go beyond the purview of Mukisa Biscuit case and the preliminary objection is thus dismissed.
I find no reason to warrant reversal of the said orders at this stage which I confirm pending hearing and determination of the entire petition. Costs will be in the petition.
Issues in the judgment
#Conflicting dates of swearing-in given by the petitioner (26th June 2025) and the 1st Interested Party (3rd July 2025)
Gazette Notice number for the revocation notice inconsistently stated: 'Gazette Notice 9513 published in Vol. CXXVII No. 152 on 14th July 2015' - the year 2015 appears erroneous
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Banticha v Government Press & another; Clerk - Isiolo County Assembly & another (Interested Parties) (Employment and Labour Relations Petition E139 of 2025) [2025] KEELRC 2983 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2983/eng@2025-10-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.