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ELRCStruck OutELRC Petition No. E022 of 2026· [2026] KEELRC 2739 (KLR)

Francis Awino v June Teclar Chepkemei & Kenya Tourism Board (Interested Party)

Employment and Labour Relations Court
30 September 2026
JGJacob Gakeri
2,457 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 struck out a public interest challenge to a state corporation CEO appointment, ruling such petitions belong in the High Court.

What this practically means

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Executive summary

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The Petitioner, styling himself a public interest litigant and human rights defender, petitioned the ELRC in January 2026 challenging the appointment of June Teclar Chepkemei as Chief Executive Officer of the Kenya Tourism Board, alleging her career background was in investment promotion, corporate communication, branding and media rather than tourism or hospitality, and that the recruitment violated Articles 10, 41, 47, 73, 75 and 232 of the Constitution. He sought declarations of unconstitutionality, certiorari, prohibition, mandamus for fresh recruitment, an audit of remuneration expended, and costs. The Respondent countered that she was competitively recruited via Gazette Notice No. 3226 of 19th March 2024, held extensive marketing and communication qualifications and senior management experience since 2012, and that the Petitioner approached the court with unclean hands. The court framed two issues: its jurisdiction, and whether the Respondent met the CEO requirements. Relying on the Supreme Court's July 2026 decision in Moi Teaching and Referral Hospital v Gikenyi, which held that the ELRC's exclusive jurisdiction covers pre-employment disputes involving persons identified in Section 12 of the ELRC Act and related laws, and that any dispute beyond those classes must be instituted in the High Court, the court found the Petitioner, as a public interest litigant, fell outside the statutory categories. The court therefore downed its tools, struck out the petition with no orders as to costs, and did not determine the merits of the qualifications issue. The Petitioner's late submissions were disregarded.

Key legal issues

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01

Whether the ELRC has jurisdiction over a public interest petition challenging a public appointment

Holding

The Court lacks jurisdiction; a public interest litigant is outside the categories of persons granted access to the ELRC by statute

Reasoning

Applying the Supreme Court's decision in Moi Teaching and Referral Hospital v Gikenyi, the ELRC's jurisdiction extends to pre-employment disputes involving persons identified in Section 12 of the ELRC Act and related laws. The Petitioner styled himself a public interest litigant and human rights defender, a category not covered by the Employment Act, Labour Relations Act or Labour Institutions Act. The proper forum is the High Court, and the Court must down its tools.

p. 10
02

Whether the Respondent met the requirements for the office of CEO of the Kenya Tourism Board

Holding

Not determined; the issue fell away as dependent on the jurisdictional finding

Reasoning

The court framed this issue as dependent on the answer to the jurisdiction question. Having found it lacked jurisdiction, it did not reach the merits of the Respondent's qualifications under Section 37(2) of the Tourism Act, leaving those submissions unaddressed.

p. 6

Legal principles established

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  • Pre-employment labour disputes involving parties identified in Section 12 of the ELRC Act are within the exclusive domain of the ELRC; disputes beyond the explicitly stated classes must be instituted in the High Court
  • Jurisdiction can be raised at any stage of the proceedings

Court orders

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  1. 1.The petition dated 22nd January 2026 is struck out with no orders as to costs
Jurisdiction invoked
Articles 162(2)(a) and 165(3)(b) of the Constitution as interpreted by the Supreme Court in Moi Teaching and Referral Hospital v Gikenyi; Section 12 of the ELRC Act

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, "Francis Awino v June Teclar Chepkemei & Kenya Tourism Board (Interested Party)", Case Analysis (2026). ELRC Petition No. E022 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2739/eng@2026-09-30

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