Republic v Board of Directors, Agriculture & Food Authority & 3 others; Gikonyo (Nuts and Oil Crops Directorate) & 6 others (Interested Parties); Kiume (Exparte Applicant) (Judicial Review Application E027 of 2024) [2024] KEELRC 2701 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the preliminary objection meets the threshold of a pure point of law
- 2.Whether the ELRC has jurisdiction over the judicial review application challenging a human resource policy not arising from a direct employer-employee relationship
- 3.Whether the ex parte applicant has standing under Article 258 of the Constitution to institute the proceedings before the ELRC
Key legal issues
#Whether the ELRC has jurisdiction where the dispute does not arise from a strict employer-employee relationship
The ELRC has jurisdiction where the subject matter, though not strictly an employer-employee dispute, relates to employment and labour relations, including human resource policies with direct impact on employment in the public service.
Relying on the Supreme Court's decision in Kenya Tea Growers Association, the Court held that the ELRC may entertain disputes touching on labour relations broadly, and that section 12(2) permits applications by or against a range of parties beyond strict employees and employers. The impugned policy was a human resource instrument with direct impact on employment and labour relations, placing the matter squarely within section 12(2) and within the Supreme Court's holdings.
Whether the ex parte applicant has standing to litigate under Article 258 before the ELRC
The applicant established standing because the application falls within section 12(2) of the ELRC Act, which contemplates strategic or public interest litigation.
The 1st respondent argued that no employer-employee relationship existed and that the applicant was a busy body. The Court found that position inconsistent with section 12(2) of the ELRC Act, which allows applications lodged by or against various parties including any interested citizen, and held the Supreme Court's holding prevails over authorities requiring an employer-employee relationship.
Legal principles established
#- The jurisdiction of the ELRC is limited in terms of the types of disputes and the parties as per section 12(2) of the ELRC Act
- Section 12(2) of the ELRC Act contemplates and institutes strategic or public interest litigation, allowing standing beyond direct employer-employee relationships
Court orders
#- 1.The preliminary objection is dismissed with costs in the cause
- 2.Parties to take directions for further steps towards the expeditious hearing and determination of the petition
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution and Section 12 of the Employment and Labour Relations Court Act No. 18 of 2014
Quotable passages
#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 conclusion, the preliminary objection is hereby dismissed with costs in the cause and parties to take directions for further steps towards the expeditious hearing and determination of the petition.
The subject matter falls within the Court’s jurisdiction and the applicant has established standing, accordingly.
However, that position is obviously inconsistent with the quoted subsection 12 (2) of the Act and the Supreme Court holding prevails.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Board of Directors, Agriculture & Food Authority & 3 others; Gikonyo (Nuts and Oil Crops Directorate) & 6 others (Interested Parties); Kiume (Exparte Applicant) (Judicial Review Application E027 of 2024) [2024] KEELRC 2701 (KLR)", Case Analysis (2024). Judicial Review Application (ELRC, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2701/eng@2024-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.