Eunice Nyambura Githinji v The Riara Group of Schools
The bottom line
#A Kenyan court confirmed it can hear disputes over staff school-fee benefits, but ruled the subsidy ends when employment ends.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELRC has jurisdiction over orders relating to the schooling of the claimant's minor children
The objection was a pure point of law but failed on merits: the subsidised education was an employment benefit, so the dispute falls within the court's jurisdiction
The court held the objection raised a pure point of law under Mukisa Biscuit. On merits, the payslip showed a taxed school fees benefit of Kshs.60,775 as part of the employment package, and the respondent admitted the children were enrolled under a staff subsidy. A dispute over an employment-contract benefit falls squarely within Section 12(1) jurisdiction, whether or not employment has terminated.
Whether the claimant established a prima facie case for an interlocutory injunction
No prima facie case; the subsidised fees benefit ceased on termination and the children remain welcome on payment of full fees
Relying on the school fees policy (Clause 8.2) and Makhokha v Sagini on fringe benefits ending with employment, the court found the claimant lost the subsidised rate upon termination. The children could still attend as paying learners, so no apparent infringement of a right was shown; having failed the first Giella limb, the application failed.
Legal principles established
#- Any dispute related to a benefit in an employee's employment contract, whether the employment is terminated or not, falls within the ELRC's unlimited original jurisdiction
- A staff employment benefit such as subsidised school fees ceases upon termination of employment and does not survive as a continuing entitlement
- Where no prima facie case is established, an interlocutory injunction must be refused without considering irreparable injury or balance of convenience
Court orders
#- 1.The Respondent's Notice of Preliminary Objection dated 24th April 2026 is dismissed
- 2.The Claimant's Notice of Motion dated 16th April 2026 is dismissed
- 3.No costs awarded - each party to bear own costs
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution and Section 12(1) of the Employment and Labour Relations Court Act, No. 20 of 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Eunice Nyambura Githinji v The Riara Group of Schools", Case Analysis (2026). Cause No. E398 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2656/eng@2026-09-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.