Kenya County Government Workers Union v County Government of Bomet & 2 Others
The bottom line
#A Kenyan employment court ruled it cannot reopen a finished case, sending all remaining applications—including cost taxation—to the Court of Appeal.
What this practically means
#Executive summary
#Key legal issues
#Functus officio after final judgment and committal orders
The ELRC's jurisdiction was spent after its judgment of 29th February 2024 and committal orders of 18th June 2026; only exceptions are clerical corrections and enforcement
Section 4 of the ELRC Act establishes the Court as a superior court of record and section 12 delineates its powers. Once those powers are fully exercised through a final judgment, the Court cannot reopen the matter. The doctrine safeguards finality and directs dissatisfied parties to appellate remedies rather than inviting the trial court to sit on appeal over its own orders.
Exceptions to functus officio
The doctrine does not bar enforcement of existing orders or correction of clerical or arithmetical mistakes under section 99 of the Civil Procedure Act
The court relied on section 99 of the Civil Procedure Act and John Gilbert Ouma v Kenya Ferry Services, which held that functus officio does not bar entertaining matters for enforcement or correction of accidental slips, but prevents revisiting the merits once final judgment is entered and a decree issued.
Forum for pending applications
All pending applications, including taxation of the Bill of Costs, fall to be litigated at the Court of Appeal
Having declared itself functus officio, the Court held that pending applications could only be litigated at the Court of Appeal, where the Respondents' consolidated applications were already pending, and marked the file as closed.
Legal principles established
#- Once a superior court issues a final judgment and committal orders, it becomes functus officio and cannot reopen or re-litigate the merits, save for correcting clerical errors or enforcing its decree
Court orders
#- 1.Declared that the matter is functus officio and the Court cannot reopen or entertain any other proceedings past or future
- 2.Marked the file as closed in view of the Court of Appeal ruling
- 3.Directed that pending applications, including the application dated 26th June 2026 by Milchah Chepkoech and the Claimant's oral application for taxation, be litigated at the Court of Appeal
- Jurisdiction invoked
- Sections 4 and 12 of the Employment and Labour Relations Court Act; Article 159(2)(d) and Article 48 of the Constitution (delivery of ruling)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya County Government Workers Union v County Government of Bomet & 2 Others", Case Analysis (2026). ELRC Cause No. E016 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2769/eng@2026-10-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.