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ELRCDismissedApplication dated 1st July 2025 (Notice of Motion)· [2025] KEELRC 3028 (KLR)

Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA) v Moi University (Cause E040 of 2025) [2025] KEELRC 3028 (KLR)

Employment and Labour Relations Court
23 October 2025
MOM. Onyango
3,086 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court declined to reinstate over 90 retrenched Moi University staff, ruling reinstatement cannot be ordered urgently before a full hearing.

What this practically means

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Executive summary

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The Claimant, a trade union with a collective bargaining agreement with Moi University, moved the Court by Notice of Motion dated 1st July 2025 seeking temporary orders staying the University's staff rationalization/redundancy exercise affecting over 90 named union members and reinstating them pending inter-partes hearing and determination of the suit. The union contended that the redundancy declared through letters dated 13th and 20th May 2025 breached section 40 of the Employment Act and clause 10 of the CBA, that the selection criteria were not objective, that the affected positions were being re-advertised, and that the members were not consulted or heard, contrary to Article 41 of the Constitution. The Respondent opposed, asserting compliance with section 40, citing severe financial constraints (a Kshs. 8.7 billion debt, falling enrolment and a payroll burden of 72% of income), the engagement of PKF to develop objective criteria, consultative meetings including one on 23rd April 2025, and the setting aside of Kshs. 6.7 billion for terminal dues. It argued the application was belated, overtaken by events, and that damages would suffice. Holding that the notice period had lapsed and the employees had left employment by the time the application was filed, the Court found reinstatement not an automatic remedy and, absent a full hearing, premature. The Court declined the orders sought and directed parties to set the suit down for hearing on the merits, with costs in the cause.

Key legal issues

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01

Whether the Claimant was entitled to interim stay of the redundancy and reinstatement of its members

Holding

The application was dismissed; reinstatement orders were premature and could not be granted before a full hearing on the merits.

Reasoning

The court found it undisputed that the affected members were declared redundant by letters dated 13th May 2025 and that by the time the application was filed on 1st July 2025 the notice period had lapsed and they had left employment. Section 49(3)(a) of the Employment Act and section 12(3)(vii) of the ELRC Act permit reinstatement only upon a finding of unfair termination after a hearing, and Rule 53 of the 2024 Procedure Rules bars ex parte reinstatement orders. Since no evidence had been taken, the orders were premature.

p. 7

Legal principles established

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  • Reinstatement is not an automatic remedy even where termination is unlawful; it may only be ordered after a full hearing under section 49 of the Employment Act and section 12(3)(vii) of the ELRC Act
  • The Court shall not grant an ex parte order that reinstates an employee whose services have been terminated (Rule 53, ELRC (Procedure) Rules, 2024)

Court orders

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  1. 1.Declined to grant the orders of reinstatement as sought in the application dated 1st July 2025
  2. 2.Parties directed to set down the suit for hearing and determination on the merits
  3. 3.Costs of the application to be in the cause
Jurisdiction invoked
Employment Act, Employment and Labour Relations Court Act and ELRC (Procedure) Rules, 2024

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, "Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA) v Moi University (Cause E040 of 2025) [2025] KEELRC 3028 (KLR)", Case Analysis (2025). Application dated 1st July 2025 (Notice of Motion). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3028/eng@2025-10-23

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