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ELRCDismissedMotion dated 3 March 2025 (suit number not stated in judgment)

Kenya Chemical Workers' Union v Alliance Concrete Ltd (Cause E195 of 2025) [2025] KEELRC 2658 (KLR)

Employment and Labour Relations Court
2 October 2025
598 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court ruled that dismissed employees cannot be reinstated before a full hearing — reinstatement is a final remedy reserved for exceptional cases.

What this practically means

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Executive summary

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The Kenya Chemical Workers Union, acting for two dismissed truck drivers (Willy Murithi Watiri and Michael Kipyegon Terer, the Grievants), moved the Employment and Labour Relations Court by Motion dated 3 March 2025 against Alliance Concrete Ltd. The Union sought interlocutory reinstatement of the Grievants to their previous positions on the same terms prevailing before their dismissals on 26 October 2024 and 12 November 2024, and an injunction restraining the Respondent from harassing, intimidating or coercing the Grievants in connection with the litigation. The Union argued the dismissals violated procedural fairness and the right to fair labour practices. The Respondent, through a replying and supplementary affidavit of its Human Resource Manager and submissions, contended the Motion was incompetent, the dismissals followed a fair process for valid reasons, and the dispute had gone through conciliation. The Court (Radido Stephen, J) held that reinstatement under section 49(3) of the Employment Act, 2007 is a final remedy grantable after a hearing on the merits; at the interlocutory stage the order sought would amount to specific performance, grantable only in exceptional circumstances. The Court further held that because the Grievants were no longer in an employment relationship, harassment within the employment context did not arise. Finding no exceptional circumstances demonstrated, the Court dismissed the Motion with costs in the cause on 2 October 2025.

Questions the Court framed

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

  1. 1.Whether the dismissed Grievants should be reinstated pending the hearing and determination of the suit
  2. 2.Whether an injunction restraining harassment, intimidation or coercion of the Grievants should issue pending trial

Key legal issues

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01

Whether reinstatement can be granted at the interlocutory stage

Holding

No. It is a final remedy under section 49(3) reserved for after a hearing on the merits, and at the interlocutory stage it would constitute specific performance requiring exceptional circumstances.

Reasoning

The Court reasoned that since the Grievants had already been dismissed, ordering reinstatement before trial would effectively grant final relief prematurely. The statutory reinstatement power in section 49(3) is exercised on the merits after a full hearing. Granting it pendente lite equates to specific performance of an employment contract, which Kenyan law permits only in exceptional circumstances, none demonstrated here.

p. 2
02

Whether an anti-harassment injunction could issue against the Respondent

Holding

No, because the Grievants are no longer in an employment relationship with the Respondent, so harassment within that context does not arise.

Reasoning

The Court found the injunction premise defective: the employment relationship had ended upon dismissal. Harassment 'within the context of employment' could therefore not be established at the interlocutory stage, and the Union did not demonstrate the exceptional circumstances necessary to warrant the interlocutory orders sought.

p. 2

Legal principles established

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  • Reinstatement under section 49(3) of the Employment Act, 2007 is a final remedy to be granted after a hearing on the merits, not at the interlocutory stage
  • Interlocutory reinstatement of a dismissed employee amounts to an order of specific performance, grantable only in exceptional circumstances

Court orders

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  1. 1.The Motion dated 3 March 2025 is dismissed with costs in the cause

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 under the Employment Act, 2007 (section 49(3) invoked on reinstatement)

Relief refused

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Reinstatement of the two Grievants to their previous positions pending the hearing and determination of the suit

Reinstatement under section 49(3) of the Employment Act is a final remedy granted after a hearing on the merits; the interlocutory order would amount to specific performance, which is not granted except in exceptional circumstances, none of which were demonstrated

p. 2

Injunction restraining the Respondent from harassing, intimidating or coercing the Grievants

The Grievants are no longer in an employment relationship with the Respondent, so harassment within the context of employment does not arise

p. 2

Costs

Dismissed with costs in the cause

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.

The Motion dated 3 March 2025 is dismissed with costs in the cause.
p. 2final orders/disposition
The Union did not demonstrate any exceptional circumstances to warrant the grant of the orders sought.
p. 2failure to establish exceptional circumstances
Reinstatement, under section 49(3) of the Employment Act, 2007, is a final remedy to be granted where deserved after a hearing on the merits.
p. 2reinstatement as a final remedy

Issues in the judgment

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minor

The judgment does not state the suit/case number of the matter, only the motion date

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, "Kenya Chemical Workers' Union v Alliance Concrete Ltd (Cause E195 of 2025) [2025] KEELRC 2658 (KLR)", Case Analysis (2025). Motion dated 3 March 2025 (suit number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2658/eng@2025-10-02

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