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ELRCDismissedCause No. E023 of 2026

Caroline Ndanu Muli v Ida Baraghiza

Employment and Labour Relations Court
28 September 2026
1,460 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court ruled that diplomatic immunity does not shield a UN official from a domestic worker's unfair termination claim.

What this practically means

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Executive summary

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The claimant, employed by the respondent as a full-time domestic worker/housekeeper under an offer letter dated 16th May 2023, sued for unlawful verbal termination on 12th December 2025 without notice, valid reason or a hearing, seeking compensatory compensation. The respondent, said to be employed by IOM Nairobi, filed a Notice of Preliminary Objection dated 30th January 2026 seeking to strike out the suit for want of jurisdiction, asserting diplomatic immunity as a United Nations official under the Convention on the Privileges and Immunities of the United Nations, 1946 and the Vienna Convention on Diplomatic Relations, 1961, unwaived by the UN Secretary-General. The claimant countered that the employment was purely private and personal, unconnected to any official functions, and that the respondent was not an accredited diplomat. The court framed two issues: whether the objection met the Mukisa Biscuit threshold, and whether the ELRC had jurisdiction. Applying Mukisa Biscuit, it held the jurisdictional challenge was a proper preliminary point on undisputed facts. On immunity, it held that immunity for UN officials is functional rather than absolute, confined to acts performed in official capacity, citing Kandie v Alassane Ba and Embassy of Sweden Nairobi v Kuseva. Private domestic employment is not an official function, so the court was clothed with jurisdiction. The preliminary objection was dismissed with costs; the suit now proceeds to merits.

Questions the Court framed

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

  1. 1.Whether the Respondent's Preliminary Objection meets the threshold of a valid preliminary objection as established in Mukisa Biscuit Manufacturing Co Ltd v West End Distributors Ltd (1969) EA 696
  2. 2.Whether this Honourable Court has jurisdiction to hear and determine the suit

Key legal issues

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01

Threshold of a valid preliminary objection

Holding

The objection on diplomatic immunity qualifies as a pure point of law under the Mukisa Biscuit test.

Reasoning

The court applied the Mukisa Biscuit definition, noting that jurisdictional objections are classic preliminary points. Since the facts were undisputed, no evidence was needed to determine whether the court lacked jurisdiction, so the objection met the threshold and proceeded to full argument.

p. 5
02

Whether diplomatic immunity bars the ELRC's jurisdiction over a domestic worker's claim

Holding

No - the immunity is functional only; private domestic employment falls outside official functions, so the court has jurisdiction.

Reasoning

Relying on the Privileges and Immunities Act, the UN Convention (Article V, Section 18(a)) and the Vienna Convention, the court held immunity protects only official acts. Private household employment is not an official function. Kandie v Alassane Ba and Embassy of Sweden v Kuseva confirmed that locally-recruited private employees' contracts fall within the ELRC's jurisdiction.

p. 9

Legal principles established

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  • Immunity of UN officials and officials of international organizations is functional, limited to acts performed in their official capacity, and does not cover private domestic employment disputes.
  • An objection to the jurisdiction of the court may properly be raised as a preliminary objection.

Court orders

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  1. 1.Dismissal of the respondent's Notice of Preliminary Objection dated 30th January 2026
  2. 2.Costs of the preliminary objection to the respondent/claimant (objection dismissed with costs)

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 and Labour Relations Act; immunity analysis under the Privileges and Immunities Act (Cap 179), the Convention on the Privileges and Immunities of the United Nations, 1946 and the Vienna Convention on Diplomatic Relations, 1961

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.

Therefore, I find that this Honourable Court is clothed with the jurisdiction to determine the claimant's suit on merits and accordingly dismiss the respondent's Notice of Preliminary Objection dated 30th January 2026 with costs.
p. 9Final orders - dismissal of preliminary objection
the immunity enjoyed by officials of the United Nations is functional rather than absolute and where the impugned conduct arises from private dealings or personal arrangements unrelated to official duties, such acts fall outside the scope of protected official functions and cannot attract immunity.
p. 9Functional nature of diplomatic/UN immunity
A preliminary objection consists of a pure point of law which has been pleaded, or which arises by clear implication from the pleadings, and which, if argued as a preliminary point, may dispose of the suit.
p. 4Definition of preliminary objection (Mukisa Biscuit)
employment contracts have been held to belong to the Private Law domain and State Immunity does not therefore apply.
p. 8Private law domain of employment contracts

Issues in the judgment

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minor

Paragraph numbering restarts mid-judgment

minor

Unexplained header reference to Makau J

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, "Caroline Ndanu Muli v Ida Baraghiza", Case Analysis (2026). Cause No. E023 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2596/eng@2026-09-28

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