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ELRCDismissedNotice of Motion dated 1st August 2025

Kombo v Principal Secretary, State Department for Technical, Vocational Education and Training & another (Judicial Review E008 of 2025) [2025] KEELRC 3774 (KLR)

Employment and Labour Relations Court
25 June 2026
1,875 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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A Kenyan court declined to halt disciplinary action against a public employee because his early retirement was never approved, so his employer still had authority over him.

What this practically means

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Executive summary

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The Applicant, formerly employed at Sang'alo Institute of Science and Technology, sought judicial review orders of certiorari and prohibition to quash and restrain disciplinary proceedings initiated by the Principal Secretary, State Department for Technical, Vocational Education and Training through letters dated 2nd April 2024, 13th August 2024 and 26th February 2025. He contended that he had retired under the 50-year rule and was now employed by Kibabii University, so no employer-employee relationship subsisted with the Respondent, and that the disciplinary action was malicious, procedurally improper and aimed at defeating his retirement benefits. The Respondent filed a preliminary objection based on exhaustion and the Public Service Commission Act and Fair Administrative Actions Act but took no further steps and filed no submissions. The court framed two issues: whether the threshold for certiorari and prohibition was met, and costs. On certiorari, the court held that as the Applicant's early retirement request was never approved, his employment with the Respondent continued, making him subject to its administrative control; no illegality, irrationality or procedural impropriety was proved, and the court would not interfere with institutional functions. On prohibition, the court held that the impugned actions had already been undertaken, leaving nothing to stop, and disciplinary proceedings would not be halted absent prima facie evidence of illegality. The application was dismissed with no orders as to costs. Interim orders issued on 22nd October 2025 staying the disciplinary hearing thereby lapse with the dismissal.

Questions the Court framed

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

  1. 1.Whether the threshold for the orders of Certiorari and Prohibition has been met as for the court to issue the orders as prayed for in the application
  2. 2.Costs

Key legal issues

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01

Whether the threshold for certiorari was met

Holding

Certiorari was declined; the disciplinary letters were issued within the 1st Respondent's administrative powers and no illegality, irrationality or procedural impropriety was proved

Reasoning

The Applicant's request for early retirement was never approved, so his employment with the 1st Respondent continued and he remained subject to its administrative control. He did not deny drawing a salary from the Respondent while employed at Kibabii University. The Respondent's powers derived from Executive Order No. 2 of 2023, and the judicial review jurisdiction is supervisory only, examining whether the decision was made within the confines of the law.

p. 5
02

Whether the threshold for prohibition was met

Holding

Prohibition was declined; the impugned actions had already been executed and no prima facie illegality was shown

Reasoning

Prohibition forestalls future or anticipated unlawful acts; it does not quash or correct completed decisions. The show-cause letter of 13th August 2024 and the invitation to a disciplinary hearing of 26th February 2025 had already been undertaken, leaving nothing to prohibit. The court will also not prohibit disciplinary proceedings absent prima facie evidence of illegality, as that would interfere with statutory and institutional powers over employees.

p. 5

Legal principles established

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  • Certiorari lies to quash decisions reached in excess of, or in the absence of, jurisdiction
  • Prohibition prevents the making or implementation of a decision not yet executed; it cannot remedy an act already completed
  • Where an employee's request for early retirement is not approved, the employment continues and the employee remains subject to the employer's administrative control

Court orders

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  1. 1.That the application for Judicial Review by the Applicant dated 1st August 2025 has no merit and the same is hereby dismissed
  2. 2.No orders as to costs

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Articles 41(1) & 47(1) of the Constitution; Order 53 Rules 1 & 3 of the Civil Procedure Rules, 2010; Sections 8 & 9 of the Law Reform Act; Rule 7 of the Employment & Labour Relations Court (Procedure) Rules 2016

Relief refused

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Order of certiorari to quash the disciplinary proceedings and decisions in letters dated 2/4/2024 and 13/8/2024 and subsequent ones

No illegality, irrationality or procedural impropriety demonstrated; the Applicant remained an employee of the 1st Respondent absent approval of his early retirement

p. 5

Order of prohibition restraining the Respondent from taking any further action against the Applicant

The impugned actions (show-cause letter and invitation to disciplinary hearing) had already been undertaken, and there was no prima facie evidence of illegality

p. 5

Costs of the application

The court ordered no orders as to costs

p. 5

Costs

No orders as to costs.

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 court shall not interfere with the institutional functions of the 1st Respondent and, in the circumstances, declines to issue the order of certiorari as sought.
p. 5certiorari refused
There is no illegality, irrationality, unreasonableness, malice, caprice, or procedural impropriety demonstrated or proved and this court has no business entering into the workplace and purporting to manage the same.
p. 5grounds for judicial review not established
In essence, prohibition issues to forestall a future or anticipated unlawful act. It neither quashes nor corrects a decision that has already been made and implemented or executed, nor can it be invoked to remedy an existing wrong.
p. 5scope of prohibition
That the application for Judicial Review by the Applicant dated 1st August 2025 has no merit and the same is hereby dismissed.
p. 5final orders - dismissal
No orders as to costs.
p. 5costs

Issues in the judgment

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minor

Numbered orders paragraph jumps from paragraph 33 to paragraph 50, indicating a numbering discontinuity in the judgment

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, "Kombo v Principal Secretary, State Department for Technical, Vocational Education and Training & another (Judicial Review E008 of 2025) [2025] KEELRC 3774 (KLR)", Case Analysis (2026). Notice of Motion dated 1st August 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3774/eng@2025-06-25

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