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ELRCDismissedPetition E034 of 2026· [2026] KEELRC 2615 (KLR)

Kenya National Union of Medical Laboratory Officers v County Government of Siaya & another

Employment and Labour Relations Court
28 September 2026
NMNzioki Wa Makau
1,370 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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A Kenyan court confirmed that once a trade dispute goes through conciliation and fails, the case belongs in the Employment Court, not the Public Service Commission.

What this practically means

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Executive summary

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The Petitioner, a trade union, filed a Petition dated 17th June 2026 on behalf of its members alleging constitutional violations arising from the Respondents' failure to convert members' term contracts to permanent contracts, together with an application to restrain extension of nine members' contracts. The Respondents filed a preliminary objection contending that the Court lacked jurisdiction because the Petitioner had not exhausted the dispute-resolution mechanism under Article 234(2)(i) and Article 159(2)(c) of the Constitution, section 9(2) of the Fair Administrative Action Act and section 77 of the County Governments Act, which requires an appeal to the Public Service Commission. They relied on the exhaustion line of authorities including Muthinja, Karume, Hulbhai Gedi Abdille and Antony Miano, and urged that the Petition be struck out with costs. The Petitioner countered that the objection raised disputed facts, that it had engaged in consultations culminating in a Return to Work Agreement of 19th November 2025, and that the dispute had been conciliated under section 62 of the Labour Relations Act, culminating in a Certificate of Unresolved Trade Dispute dated 23rd April 2026. The Court held that once a section 62 certificate of non-resolution issues, the Public Service Commission cannot be the next forum; only this Court has jurisdiction. The preliminary objection was found to be an abuse of the court process and was dismissed with costs to the Petitioner, with directions on disposal of the Petition to follow.

Key legal issues

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01

Whether the preliminary objection met the Mukisa Biscuits threshold

Holding

The Court found the objection to be an abuse of process rather than a proper point of law, since the conciliation history displaced the exhaustion argument

Reasoning

The Respondents argued the Petitioner had to exhaust the section 77 County Governments Act appeal to the Public Service Commission. The Petitioner showed the dispute had already gone through conciliation under section 62 of the Labour Relations Act, ending in a Certificate of Unresolved Trade Dispute. Once that certificate issued, the PSC route was unavailable and only this Court could entertain the matter.

02

Whether the Court has jurisdiction over the Petition

Holding

The Court affirmed its jurisdiction following the failed conciliation and dismissed the objection

Reasoning

The Respondents contended the Petition was premature for non-exhaustion of the PSC mechanism under Article 234(2)(i) and section 77 of the County Governments Act. The Court held that a section 62 certificate of non-resolution channels the dispute to this Court; the PSC cannot be the next forum. The objection was therefore an abuse of process and was dismissed with costs.

p. 3

Legal principles established

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  • Where a trade dispute has been conciliated under section 62 of the Labour Relations Act and a certificate of non-resolution issued, the next step lies in this Court, not the Public Service Commission

Court orders

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  1. 1.The preliminary objection is dismissed with costs to the Petitioner
  2. 2.Directions on disposal of the Petition will follow the Ruling
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Labour Relations Act, section 62, following conciliation and issuance of a Certificate of Unresolved Trade Dispute

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 National Union of Medical Laboratory Officers v County Government of Siaya & another", Case Analysis (2026). Petition E034 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2615/eng@2026-09-28

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