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ELRCAllowedAppeal No. E003 of 2025· KTL ELRCA NO. E003 OF 2025

Board of Management St Monica's Girls High School & Another v David Mogeni Angwenyi

Employment and Labour Relations Court of Kenya at Kitale
24 September 2026
6,589 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~26 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court in Kitala set aside ex parte orders against a school, ruling that a government office's failure to act was excusable and everyone deserves a fair hearing.

What this practically means

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Executive summary

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The Respondent, a Finance Officer at St Monica's Girls High School, sued the school's Board of Management and the school alleging unfair suspension and constructive dismissal. He obtained ex parte conservatory and reinstatement orders from the trial court (Senior Principal Magistrate Mary A. Ochieng) on 6th February 2025, and on 8th April 2025 the trial court granted further orders including summons to the principal and Board chairperson and personal costs. The Appellants' application of 12th May 2025 seeking to set aside, vary or review those ex parte orders was dismissed by ruling delivered on 28th August 2025, the trial magistrate holding that the Appellants knew of the hearing date and had a duty to attend, and that the orders had not been overtaken by events. On appeal, Lady Justice Maureen Onyango re-evaluated the matter as a first appeal. She held that the trial magistrate placed undue emphasis on the Appellants' non-attendance without adequately considering that the principal had forwarded the served documents to the Attorney General's Kitale office, whose failure to act was an excusable lapse in legal representation rather than deliberate obstruction. The court further held that the reinstatement order was a mandatory interlocutory order requiring careful consideration, that the alleged prior appointment of a temporary accounts clerk and the subsisting orders in Kitale CMCC No. E440 of 2024 were material circumstances warranting reconsideration, and that a notice to show cause did not amount to a finding of contempt in quasi-criminal proceedings. The appeal was allowed: the ruling of 28th August 2025 and the ex parte proceedings and orders of 6th February and 8th April 2025 were set aside, the main suit to proceed on priority basis before a different magistrate, with each party bearing its own costs.

Key legal issues

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01

Whether the trial magistrate misdirected herself in refusing to set aside the ex parte orders

Holding

Yes - she placed undue emphasis on non-attendance personally and failed to consider the excusable lapse in legal representation, the mandatory nature of the reinstatement order, the alleged prior appointment of a temporary accounts clerk, and the CMCC E440 of 2024 orders.

Reasoning

The principal was served and forwarded documents to the Attorney General's office, which was constitutionally mandated to act; her failure to follow up was not deliberate obstruction. The trial court also wrongly treated the CMCC E440 orders as irrelevant and failed to weigh the prejudice of coercive orders issued without participation. Interests of justice required a hearing on the merits.

p. 31
02

Whether the reinstatement order of 6th February 2025 was merely preservatory

Holding

No - it was a mandatory interlocutory order compelling positive action before a merits hearing, requiring careful consideration.

Reasoning

The order required the Respondent's reinstatement, compelling the Appellants to act before the dispute was heard. Citing Kenya Airways Ltd v Aviation & Allied Workers Union, reinstatement is discretionary and must consider practicability under section 49(4) of the Employment Act and the exceptional-circumstances rule for specific performance of employment contracts.

p. 33
03

Whether the Appellants were disentitled to relief as alleged contemnors

Holding

No - only notices to show cause had issued; contempt had not been adjudicated, so treating the disobedience as conclusively established was prejudicial.

Reasoning

Contempt proceedings are quasi-criminal; liability must be established to the requisite standard after the alleged contemnors are heard. The notices to show cause had not been heard and determined, so the allegation of disobedience could not be treated as established for purposes of denying discretionary relief.

p. 35

Legal principles established

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  • An appellate court will not interfere with a discretionary decision unless the trial court misdirected itself on law or facts, considered irrelevant matters, failed to consider relevant matters, or reached a plainly erroneous decision resulting in injustice.
  • A notice to show cause why contempt proceedings should not commence is not a final finding of contempt; contempt liability is quasi-criminal and must be established to the requisite standard after a hearing.
  • In setting aside ex parte proceedings, the court must consider whether the applicant has disclosed an arguable defence deserving consideration on the merits.

Court orders

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  1. 1.The ruling and orders delivered on 28th August 2025 in Kitale CMELRC No. E002 of 2025 are set aside
  2. 2.The Appellants' application dated 12th May 2025 is allowed
  3. 3.The ex parte proceedings and orders issued on 6th February 2025 and 8th April 2025 are set aside
  4. 4.The parties to proceed to the hearing of the main suit in Kitale CMELRC No. E002 of 2025 on priority basis before a magistrate other than the one who previously handled the matter
  5. 5.Each party shall bear its costs of the appeal and all the applications filed in Kitale CMELRC No. E002 of 2025
On appeal from
Chief Magistrate's Court at Kitale (CMELRC)
Kitale CMELRC No. E002 of 2025
Jurisdiction invoked
First appellate jurisdiction over subordinate court employment matters (Employment and Labour Relations Court Act; Article 162(2)(a) Constitution referenced in submissions)

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, "Board of Management St Monica's Girls High School & Another v David Mogeni Angwenyi", Case Analysis (2026). Appeal No. E003 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2669/eng@2026-09-24

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