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ELRCDismissedPetition dated 26th February, 2024 (number not stated in the judgment)

Oruma v Central Rift Valley Water Works Development Agency (CRVWWDA) & another (Employment and Labour Relations Petition E009 of 2024) [2024] KEELRC 1518 (KLR)

Employment and Labour Relations Court
4 June 2024
9,690 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~39 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court declined to halt a CEO's disciplinary process, ruling that employers may discipline staff even while EACC investigations are ongoing.

What this practically means

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Executive summary

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This ruling of the Employment and Labour Relations Court (Hellen Wasilwa, J) determined a Notice of Motion dated 26th February 2024 filed by the Petitioner, the Chief Executive Officer of the 1st Respondent state corporation, who sought a temporary prohibitory injunction and conservatory orders to halt a disciplinary process initiated against him following his interdiction by a Notice to Show Cause dated 19th February 2024. The disciplinary action arose from his unilateral approval of a contract variation (steel to GRP pipes) in an AfDB-funded water project, which triggered EACC investigations and a directive from the Head of Public Service. The applicant argued the Board lacked independence, having succumbed to external pressure; that the process breached fair administrative action and fair hearing rights; that indefinite interdiction was unfair; and that discipline could not proceed while EACC investigations were ongoing. The Respondents opposed, citing Anarita Karimi Njeru precision requirements, constitutional avoidance, ripeness, exhaustion, and inadmissibility of allegedly illegally obtained exhibits. The court framed a single issue: whether it could stop a disciplinary process instituted by an employer against an employee. Applying its settled case law, the court held that internal disciplinary processes and criminal/EACC investigations are independent and may proceed simultaneously; that courts intervene in disciplinary processes only where the process has commenced or is continuing unfairly; and that the applicant, having failed to demonstrate how the process was flawed, had rushed to court prematurely. The application was dismissed, parties allowed to proceed with the main petition, with costs of the application in the petition.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether this court can stop a disciplinary process instituted by the employer against an employee
  2. 2.Whether the application for temporary injunction and conservatory orders is merited

Key legal issues

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01

Whether the court can halt a disciplinary process initiated by an employer pending EACC investigations

Holding

No. Internal disciplinary processes and criminal/EACC investigations are independent and may run concurrently; the employer retains the prerogative to discipline.

Reasoning

The court relied on its settled precedents that disciplinary processes and criminal investigations are parallel and independent. The applicant failed to show how the process was flawed; the allegations of external influence over the Board were not demonstrated. Interim relief also failed the ripeness test because the disciplinary process, only at the notice-to-show-cause stage, had not yet begun in earnest.

p. 17
02

Whether the applicant demonstrated that the disciplinary process is flawed or the Board lacks independence

Holding

No. The applicant did not set out how the process was flawed, making the application premature.

Reasoning

Although the applicant alleged the Board was beholden to external forces, citing the Head of Public Service's directive, he did not demonstrate a specific procedural flaw. The court held that judicial intervention in employment administrative action is exceptional and reserved for established breaches of fairness and due process, none of which were established on the material before it.

p. 17
03

Whether interim injunction/conservatory orders were merited

Holding

The application was unmerited and dismissed; parties to proceed to the main petition.

Reasoning

Interim relief requires demonstration that the disciplinary process commenced or is continuing unfairly. Here the process was at a nascent stage (notice to show cause), so stopping it would be premature. The court declined to pronounce on the merits of the petition, leaving all issues to the full hearing.

p. 17

Legal principles established

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  • Internal disciplinary processes are independent of criminal processes or investigations and both can proceed simultaneously.
  • The court will only intervene in an employer's administrative action where the procedure offends fairness and due process, in exceptional cases, and the employer retains the prerogative to take disciplinary action.
  • Courts will not stay disciplinary processes indefinitely even where flawed, but direct that proper procedures and fairness be observed.

Court orders

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  1. 1.The Notice of Motion dated 26th February, 2024 is dismissed
  2. 2.The parties are free to proceed with the main petition
  3. 3.Costs of this application in the petition

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

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On appeal from
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Jurisdiction invoked
Articles 23 and 159 of the Constitution of Kenya 2010, and Rules 20 and 23 of the Protection of Rights and Fundamental Freedoms Practice and Procedure Rules (Mutunga Rules)

Relief refused

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Temporary prohibitory injunction stopping the 1st Respondent from proceeding with the disciplinary process

The applicant rushed to court prematurely and did not demonstrate that the disciplinary process is flawed

p. 17

Conservatory orders in respect of the letter and Notice to Show Cause dated 19th February 2024

Court can only interfere where the process has commenced or is continuing unfairly; no flaw was demonstrated

p. 17

Costs

Costs of this application in the petition.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In the circumstances, I find the application has no merit and is thus dismissed. The parties are free to proceed with the main petition. Costs of this application in the petition.
p. 17Final orders - dismissal of the application
In my view, the applicant rushed to court prematurely to stop a process that has not even began.
p. 17Ripeness/prematurity of constitutional challenge to disciplinary process
internal disciplinary processes are independent to criminal processes or investigations and both can proceed simultaneously.
p. 17Concurrence of disciplinary and criminal/EACC processes
this court can only interfere with a disciplinary process in cases where the process has been commenced or is continuing unfairly.
p. 17Threshold for judicial interference with disciplinary processes

Issues in the judgment

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minor

The judgment's opening description of parties is missing; party names are never fully stated in the text supplied

minor

The case number of this petition is not stated anywhere in the ruling, making precise citation impossible

minor

The court station is not stated in the ruling

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, "Oruma v Central Rift Valley Water Works Development Agency (CRVWWDA) & another (Employment and Labour Relations Petition E009 of 2024) [2024] KEELRC 1518 (KLR)", Case Analysis (2024). Petition dated 26th February, 2024 (number not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1518/eng@2024-06-04

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