Kenya National Union of Medical Laboratory Officers v County Government of Siaya & another
The bottom line
#A Kenyan court confirmed that once a trade dispute goes through conciliation and fails, the case belongs in the Employment Court, not the Public Service Commission.
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 requisite threshold
- 2.Whether the Court has original jurisdiction to determine the Petition
Key legal issues
#Whether the preliminary objection met the Mukisa Biscuits threshold
The Court found the objection to be an abuse of process rather than a proper point of law, since the conciliation history displaced the exhaustion argument
The Respondents argued the Petitioner had to exhaust the section 77 County Governments Act appeal to the Public Service Commission. The Petitioner showed the dispute had already gone through conciliation under section 62 of the Labour Relations Act, ending in a Certificate of Unresolved Trade Dispute. Once that certificate issued, the PSC route was unavailable and only this Court could entertain the matter.
Whether the Court has jurisdiction over the Petition
The Court affirmed its jurisdiction following the failed conciliation and dismissed the objection
The Respondents contended the Petition was premature for non-exhaustion of the PSC mechanism under Article 234(2)(i) and section 77 of the County Governments Act. The Court held that a section 62 certificate of non-resolution channels the dispute to this Court; the PSC cannot be the next forum. The objection was therefore an abuse of process and was dismissed with costs.
Legal principles established
#- Where a trade dispute has been conciliated under section 62 of the Labour Relations Act and a certificate of non-resolution issued, the next step lies in this Court, not the Public Service Commission
Court orders
#- 1.The preliminary objection is dismissed with costs to the Petitioner
- 2.Directions on disposal of the Petition will follow the Ruling
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Labour Relations Act, section 62, following conciliation and issuance of a Certificate of Unresolved Trade Dispute
Relief refused
#Respondents' prayer to strike out the Petition with costs
The dispute had been conciliated under section 62 of the Labour Relations Act and only this Court has jurisdiction thereafter
Costs
Preliminary objection dismissed with costs to the Petitioner
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.
When a matter is conciliated under the Labour Relations Act and a conciliation report or certificate of non-resolution in terms of section 62 of the Act is issued, the Public Service Commission cannot be a party to the next step as it is only this Court that has jurisdiction.
One cannot take a certificate issued by the Conciliator to the PSC. The proper port of call is this Court in terms of section 62.
The preliminary objection raised is therefore an abuse of the court process. It is accordingly dismissed with costs to the Petitioner.
Issues in the judgment
#Judgment states delivery at Kisii though the cause is at the Employment and Labour Relations Court at Kisumu
Respondents' submissions cite 'section 85 of the Public Service Commission' without naming the Act in one passage
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Union of Medical Laboratory Officers v County Government of Siaya & another", Case Analysis (2026). Petition E034 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2615/eng@2026-09-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.