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ELRCPartially AllowedNot stated in the judgment

Mukabi v Public Service Commission & 3 others (Employment and Labour Relations Cause E295 of 2021) [2025] KEELRC 2165 (KLR)

Employment and Labour Relations Court
23 July 2025
4,438 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~18 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court ruled that abolishing an office doesn't excuse employers from following redundancy notice and hearing rules, awarding a former State House director six months' salary.

What this practically means

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Executive summary

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The Claimant, employed at State House from 2003 and appointed Senior Director, Brand Strategy and Events on a three-year fixed-term contract effective 1st December 2017, challenged the abolition of his office and the termination of his employment by letters of 18th March and 7th April 2020. He sought declarations that the abolition and termination violated Articles 27, 41, 47 and 232 of the Constitution and section 28 of the Public Service Commission Act, certiorari to quash the termination, compensation and damages. The Respondents maintained that following Executive Order No. 6 of 2019, the President's Delivery Unit was placed under the Ministry of Interior, making the Cabinet Secretary the authorised officer, who requested abolition of supernumerary positions; the PSC approved and the contract was terminated per its termination clause. After viva voce evidence and submissions, the court held that although the Cabinet Secretary lawfully became the authorised officer following the Executive Order and the request to abolish the position was proper, the respondents were nonetheless bound to follow the redundancy procedure in section 40 of the Employment Act 2007. They terminated the claimant's employment without any notice or hearing, applying no procedural fairness as set out in Kenya Airways v Aviation & Allied Workers Union. The court found the claimant was unfairly declared redundant and awarded him compensation of six months' salary, Kshs 1,894,200/-, plus costs of the suit with interest from the date of judgment. The constitutional declarations and certiorari sought were not granted.

Questions the Court framed

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

  1. 1.Whether the Claimant's office was lawfully abolished
  2. 2.Whether the Claimant was unlawfully terminated from office
  3. 3.Whether the constitutional rights of the Claimant were violated by the Respondents
  4. 4.What reliefs should be granted

Key legal issues

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01

Whether the Cabinet Secretary was the authorised officer entitled to request abolition of the Claimant's office

Holding

Yes - following Executive Order No. 6 of 2019 placing the President's Delivery Unit under the Ministry of Interior, the Cabinet Secretary became the authorised officer

Reasoning

The appointment letter was signed by the Comptroller of State House, but Executive Order No. 6 of 2019 reorganised functions and placed the President's Delivery Unit under the Ministry of Interior. The 1st Respondent averred the Cabinet Secretary became the authorised officer and the court found no evidence to the contrary. The request of 16th March 2020 was therefore procedurally lawful.

p. 8
02

Whether the termination on account of redundancy was procedurally fair

Holding

No - the respondents failed to follow section 40 of the Employment Act, terminating without notice or hearing

Reasoning

Although there was a reason for termination on account of redundancy, the respondents were duty bound to follow section 40 of the Employment Act 2007, which prescribes notification of the employee and labour officer, objective selection criteria, notice pay and severance. The respondents terminated the claimant's employment without any notice and without any hearing, and no procedural fairness was applied, citing Kenya Airways v Aviation & Allied Workers Union.

p. 9
03

Whether the Claimant proved violation of his constitutional rights

Holding

The court did not make express constitutional findings; it granted compensation on the unfair redundancy finding instead

Reasoning

The court noted the claimant's averment that he was attached to the Presidential Strategic Communication Unit rather than the President's Delivery Unit, and that both units were under the Ministry of Interior. Though respondents argued under Mumo Matemu that constitutional violations must be specifically demonstrated, the court resolved the matter on the redundancy procedure rather than on the constitutional declarations sought.

p. 8

Legal principles established

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  • Where an office is abolished and an employee declared redundant, the employer must follow the redundancy procedure under section 40 of the Employment Act, including notice and hearing; failure renders the termination unfair

Court orders

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  1. 1.Compensation of 6 months' salary being Kshs 1,894,200/- for unfair termination on account of redundancy
  2. 2.Costs of the suit plus interest at court rates with effect from the date of judgment

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment and labour relations claims

Relief refused

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Declarations that the abolition of office and termination were unconstitutional violations of Articles 27, 41, 47 and 232

Court did not grant the constitutional declarations, awarding only compensation for unfair redundancy

p. 9

Certiorari to quash the request for abolition and the termination letter

Not granted despite finding on unfair procedure

General damages for violation of constitutional and legal rights

Not awarded; only 6 months' compensation

Costs

The claimant is awarded costs of this suit plus interest at court rates with effect from the date of the judgment

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.

It is therefore my finding that the claimant was unfairly declared redundant on account of abolition of his ofice.
p. 9unfair redundancy
The respondent’s however decided to proceed and terminate the claimants employment without any notice and without any hearing following the process envisaged.
p. 9procedural fairness in redundancy
Having found for the claimant as such, I find he is entitled to compensation on this account and is entitled to the tune of 6 months’ salary given the length of time the contract was to run = 6x315,700=kshs 1,894,200/-.
p. 9final orders - compensation
The claimant is also awarded costs of this suit plus interest at court rates with efiect from the date of this judgment.
p. 10final orders - costs

Issues in the judgment

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minor

Judgment does not state the case/cause number or the parties' names in full

minor

Text contains OCR-type rendering errors, e.g. 'ofiice' and 'efiicient'

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, "Mukabi v Public Service Commission & 3 others (Employment and Labour Relations Cause E295 of 2021) [2025] KEELRC 2165 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2165/eng@2025-07-23

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