Stella Atambo v The Hon. Chief Justice of the Republic of Kenya & Judicial Service Commission
The bottom line
#Kenya's Employment Court ruled that a missing written authority for an affidavit is a fixable mistake, not grounds to strike it out.
What this practically means
#Executive summary
#Key legal issues
#Whether the replying affidavit sworn by an officer of the Office of the Chief Justice without annexed written authority should be struck out
The application to strike out fails; the absence of written authority is a curable irregularity and the 1st respondent was directed to file a supplementary affidavit exhibiting the authority
The court held the Chief Justice's office is constitutional and distinct from its holder. As an employment dispute, the ELRC regime applies, under which an employer may appear through an agent. Written authority is best practice but its absence is not fatal and can be cured, so striking out was unwarranted.
Whether delegatus non potest delegare was breached by the deponent swearing on behalf of the 1st respondent
No breach; the doctrine targets transfer of decisional power, not evidentiary or litigation representation, and the 1st respondent remained accountable
The court accepted the 1st respondent's submission that the deponent decided nothing and exercised no disciplinary power; he merely placed the administrative record before the court. Responsibility for the NTSC remained with the 1st respondent regardless of who deposed to the record.
Which procedural and evidential regime governs the dispute
The ELRC (Procedure) Rules govern, and the Civil Procedure Rules and Evidence Act do not apply before the court
The court characterised the matter as an employment dispute arising from NTSCs issued to a judicial officer. Claims before the ELRC are governed by the ELRC (Procedure) Rules, so the Civil Procedure Act rules and Evidence Act do not apply, undermining the petitioner's Order 19 and hearsay arguments.
Legal principles established
#- An employer may appear before the ELRC through its agent, foreman, manager or factor
- Failure to annex written authority for a deponent appearing for an employer is a curable irregularity, not fatal
- The office of Chief Justice and the person holding it are distinct entities
Court orders
#- 1.The application dated 21 May 2026 is dismissed as without merit
- 2.The 1st respondent shall file a Supplementary Affidavit attaching the necessary authority to its officer attending in these proceedings
- 3.The court invited the parties to address it on whether this is a proper petition
- 4.Interim orders extended for 7 days
- Jurisdiction invoked
- Articles 10, 47, 50(1), 161, 171 and 172 of the Constitution; Employment and Labour Relations Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Stella Atambo v The Hon. Chief Justice of the Republic of Kenya & Judicial Service Commission", Case Analysis (2026). Petition No. E125 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2683/eng@2026-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.