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ELRCOtherCause No. E398 of 2026

Eunice Nyambura Githinji v The Riara Group of Schools

Employment and Labour Relations Court of Kenya
29 September 2026
3,647 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court confirmed it can hear disputes over staff school-fee benefits, but ruled the subsidy ends when employment ends.

What this practically means

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Executive summary

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The claimant, formerly a School Health Officer with the respondent until her termination on 10th March 2026 for misconduct, sued for damages for unfair termination and related dues, and moved the court for interlocutory orders compelling the respondent to allow her two minor children to continue schooling at the respondent's institution without disruption, the subsidised school fees having been a taxed employment benefit shown on her payslip at Kshs.60,775. The respondent filed a preliminary objection contending the court lacked jurisdiction over matters concerning the admission and schooling of minors, arguing the staff fee subsidy was a discretionary benefit that ceased on termination and that continued schooling was a separate parent-school arrangement requiring fresh admission and full fees. The court held the objection raised a pure point of law under Mukisa Biscuit, but found on the merits that the education benefit formed part of the employment contract, so the dispute fell within the court's unlimited original jurisdiction under Article 162(2)(a) and Section 12(1) of the ELRC Act; the objection was dismissed. On the motion, applying Giella v Cassman Brown and Mrao Ltd, the court found no prima facie case: relying on the respondent's fees policy and Makhokha v Sagini, the subsidised benefit ended with the employment, and the children remained welcome as full-fee paying learners. The motion was dismissed and the court awarded no costs, each party bearing its own.

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 Notice of Preliminary Objection dated 24th April 2026 is merited
  2. 2.Whether the Claimant has met the legal threshold for granting the interlocutory injunction sought by the Notice of Motion dated 16th April 2026

Key legal issues

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01

Whether the ELRC has jurisdiction over orders relating to the schooling of the claimant's minor children

Holding

The objection was a pure point of law but failed on merits: the subsidised education was an employment benefit, so the dispute falls within the court's jurisdiction

Reasoning

The court held the objection raised a pure point of law under Mukisa Biscuit. On merits, the payslip showed a taxed school fees benefit of Kshs.60,775 as part of the employment package, and the respondent admitted the children were enrolled under a staff subsidy. A dispute over an employment-contract benefit falls squarely within Section 12(1) jurisdiction, whether or not employment has terminated.

p. 16
02

Whether the claimant established a prima facie case for an interlocutory injunction

Holding

No prima facie case; the subsidised fees benefit ceased on termination and the children remain welcome on payment of full fees

Reasoning

Relying on the school fees policy (Clause 8.2) and Makhokha v Sagini on fringe benefits ending with employment, the court found the claimant lost the subsidised rate upon termination. The children could still attend as paying learners, so no apparent infringement of a right was shown; having failed the first Giella limb, the application failed.

p. 21

Legal principles established

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  • Any dispute related to a benefit in an employee's employment contract, whether the employment is terminated or not, falls within the ELRC's unlimited original jurisdiction
  • A staff employment benefit such as subsidised school fees ceases upon termination of employment and does not survive as a continuing entitlement
  • Where no prima facie case is established, an interlocutory injunction must be refused without considering irreparable injury or balance of convenience

Court orders

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  1. 1.The Respondent's Notice of Preliminary Objection dated 24th April 2026 is dismissed
  2. 2.The Claimant's Notice of Motion dated 16th April 2026 is dismissed
  3. 3.No costs awarded - each party to bear own costs

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Article 162(2)(a) of the Constitution and Section 12(1) of the Employment and Labour Relations Court Act, No. 20 of 2011

Relief refused

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Interlocutory injunction compelling the respondent to allow the claimant's minor children to continue schooling at the respondent's institution without disruption pending determination of the suit

The claimant failed to establish a prima facie case; the subsidised school fees benefit was tied to employment and ceased upon termination

p. 21

Costs

No costs awarded; each party bears their own 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.

Both the Respondent's Notice of Preliminary Objection dated 24th April 2026 and the Claimant's Notice of Motion dated 16th April 2026 are without merits and they are hereby dismissed. Accordingly, I award no costs.
p. 23Disposition
Any dispute related to a benefit in an employee’s employment contract, whether terminated or not, is a matter falling squarely under the unlimited original jurisdiction of this court.
p. 16Jurisdiction of the ELRC over employment benefits
The said employment having been terminated, the staff subsidized fees rate also went with the employment contract.
p. 21Cessation of fringe benefits on termination
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. 13Definition of preliminary objection

Issues in the judgment

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minor

Disposition describes both the preliminary objection and the motion as 'without merits', yet the objection succeeded in part (jurisdiction upheld) and was dismissed

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, "Eunice Nyambura Githinji v The Riara Group of Schools", Case Analysis (2026). Cause No. E398 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2656/eng@2026-09-29

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