Nzau v Teachers Service Commission (TSC) & 4 others (Constitutional Petition E005 of 2024) [2026] KEHC 4399 (KLR) (10 February 2026) (Ruling) Neutral citation: [2026] KEHC 4399 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KITUI CONSTITUTIONAL PETITION E005 OF 2024 LW GITARI, J FEBRUARY 10, 2026 BETWEEN KITHEKA DAVID NZAU ...................................................................... PETITIONER AND THE TEACHERS SERVICE COMMISSION (TSC ..................... 1ST RESPONDENT THE TSC COUNTY DIRECTOR, KITUI COUNTY ............... 2ND RESPONDENT THE TSC SUB-COUNTY DIRECTOR, KITUI ......................... 3RD RESPONDENT THE CABINET SECRETARY, MINISTRY OF EDUCATION . 4TH RESPONDENT THE HONOURABLE ATTORNEY GENERAL ........................ 5TH RESPONDENT RULING 1. I have carefully perused this Petition which was pending for Ruling before me. It has downed on me that I lack jurisdiction to entertain this Petition for the reasons that the dispute touches on employments and labour matters. The petition was therefore wrongly filed in this court. 2. In the case of Owners of Motor vessel Lillians “s” v Caltex Oil Kenya Limited (1989) Justice Nyarangi in his locus classicus decision on jurisdiction stated as follows: “ Jurisdiction is everything. Without it a court has no power to make one more step. Where a court has no jurisdiction there would be no basis for continuation of proceedings pending other evidence. A court of law downs its tools in respect of the matter before it the moment it holds the opinion that it is without jurisdiction.” https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4399/eng@2026-02-10 1
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3. This court having found that it lacks jurisdiction to entertain the matter, it must down its tools. In addition, Article 165(5)(b) of the Constitution of Kenya 2010 provides that: “ The High Court shall not have jurisdiction in respect of matters – b) 4. Falling within the jurisdiction of the courts contemplated under Article 162(2). The courts under Article 162(2) of the Constitution are superior courts which are as follows: “ Parliament shall establish courts with status of the High Court to hear and determine disputes relating to – a. employment and labour relations; and b. The environment and the use and the occupation of and title to land.” 5. The Article 162(1) defines Superior Courts as the Supreme Court, the Court of Appeal, the High Court and the courts referred to in clause (2). Since the Courts under Article 162(2) (supra) are superior courts, parties should file matters like the present one in the court with jurisdiction. A matter filed in a court without jurisdiction is a nullity ab intio. The moment a court determines that it has no jurisdiction it has to down its tools and proceed no further. 6. Where a court takes it upon itself to exercise a jurisdiction which it does possess, its decision amounts to nothing. This court cannot make one more step as it would be an exercise in futility. For these reasons I order that the Petition be stuck out. DATED, SIGNED AND DELIVERED AT KITUI THIS 10TH DAY OF FEBRUARY 2026. HON. LADY JUSTICE L. GITARI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4399/eng@2026-02-10 2
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