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ELRCPartially AllowedNot stated in the judgment· [2025] KEELRC 3020 (KLR)

Muthama & 5 others v Kenya Tea Development Agency Holdings Limited (Petition E161 of 2025) [2025] KEELRC 3020 (KLR)

Employment and Labour Relations Court of Kenya
30 October 2025
HWHellen Wasilwa
1,245 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court halted a flawed workplace disciplinary process, ruling employers must follow correct procedure rather than face judicial substitution of their decisions.

What this practically means

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Executive summary

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The Petitioners/Applicants moved the Employment and Labour Relations Court by Notice of Motion dated 21st August 2025 seeking interim orders restraining the Respondent from harassing, intimidating, investigating, dismissing, interdicting or otherwise interfering with their employment, and suspending any decision arising from a disciplinary meeting held on 20th August 2025, pending hearing of their Petition. They contended the disciplinary process was flawed, irregular, breached Clauses 6.5.3 and 6.7 of the Respondent's Human Resource Manual, and was unconstitutional, complaining that they were not supplied with audit reports and that the hearing was conducted by the full board rather than a disciplinary committee. The Respondent, in a replying affidavit sworn by Dr. Charles Kireru, opposed the application, arguing lack of authority by the 1st Petitioner to act for the others, misjoinder (the 2nd Petitioner's correspondence came from Chai Trading Company Ltd), that the dispute was a contractual employer-employee matter unsuitable for a constitutional petition, absence of a prima facie case, prematurity, and adequacy of damages. Counsel cited Gatirau Peter Munya, Anarita Karimi Njeru, Mumo Matemu and Giella v Cassman Brown. The court, Wasilwa J, found the 1st Petitioner's apprehension valid given an annexed dismissal letter dated 25/8/2025, held that it cannot interfere with internal disciplinary processes except to ensure the right procedure is followed, and ordered that any disciplinary process conducted through a flawed process be stayed pending hearing of the Petition, with costs in the petition.

Key legal issues

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01

Authority to institute the petition on behalf of the other Petitioners

Holding

The court accepted the 1st Petitioner's assertion that he had authority to represent the other petitioners

Reasoning

The court considered the affidavit in support sworn by the 1st Petitioner in which he stated he had authority to act for the other petitioners, and treated the apprehension of an imminent adverse decision as valid in light of an annexed dismissal letter of another employee dated 25/8/2025.

p. 3
02

Scope of the court's intervention in an internal disciplinary process

Holding

The court's role is limited to ensuring the correct procedure is followed, not to substitute the employer's decision

Reasoning

The court held that while it cannot interfere with internal employer disciplinary processes, where a process is flawed its intervention is directed at ensuring the right procedure is in place. On that basis it granted a stay of any disciplinary process conducted through a flawed process pending full hearing of the petition.

p. 3

Legal principles established

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  • The court will not interfere with an internal disciplinary process between an employee and employer; where it interferes, it is to put the right procedure in place

Court orders

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  1. 1.That any disciplinary process conducted through a flawed process be stayed pending hearing of the Petition
  2. 2.That costs of the application be costs in the petition
Jurisdiction invoked
Constitution of Kenya and the Employment and Labour Relations Court Act (invoked by the Applicants for interim relief)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Muthama & 5 others v Kenya Tea Development Agency Holdings Limited (Petition E161 of 2025) [2025] KEELRC 3020 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3020/eng@2025-10-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.