Kenya County Government Workers Union v County Government of Bomet & 2 Others
The bottom line
#A Kenyan employment court ruled it cannot reopen a finished case, sending all remaining applications—including cost taxation—to the Court of Appeal.
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 ELRC became functus officio after issuing its final judgment and committal orders
- 2.Whether pending applications can still be litigated before the ELRC or only at the Court of Appeal
Key legal issues
#Functus officio after final judgment and committal orders
The ELRC's jurisdiction was spent after its judgment of 29th February 2024 and committal orders of 18th June 2026; only exceptions are clerical corrections and enforcement
Section 4 of the ELRC Act establishes the Court as a superior court of record and section 12 delineates its powers. Once those powers are fully exercised through a final judgment, the Court cannot reopen the matter. The doctrine safeguards finality and directs dissatisfied parties to appellate remedies rather than inviting the trial court to sit on appeal over its own orders.
Exceptions to functus officio
The doctrine does not bar enforcement of existing orders or correction of clerical or arithmetical mistakes under section 99 of the Civil Procedure Act
The court relied on section 99 of the Civil Procedure Act and John Gilbert Ouma v Kenya Ferry Services, which held that functus officio does not bar entertaining matters for enforcement or correction of accidental slips, but prevents revisiting the merits once final judgment is entered and a decree issued.
Forum for pending applications
All pending applications, including taxation of the Bill of Costs, fall to be litigated at the Court of Appeal
Having declared itself functus officio, the Court held that pending applications could only be litigated at the Court of Appeal, where the Respondents' consolidated applications were already pending, and marked the file as closed.
Legal principles established
#- Once a superior court issues a final judgment and committal orders, it becomes functus officio and cannot reopen or re-litigate the merits, save for correcting clerical errors or enforcing its decree
Court orders
#- 1.Declared that the matter is functus officio and the Court cannot reopen or entertain any other proceedings past or future
- 2.Marked the file as closed in view of the Court of Appeal ruling
- 3.Directed that pending applications, including the application dated 26th June 2026 by Milchah Chepkoech and the Claimant's oral application for taxation, be litigated at the Court of Appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Sections 4 and 12 of the Employment and Labour Relations Court Act; Article 159(2)(d) and Article 48 of the Constitution (delivery of ruling)
Relief refused
#Claimant's oral application to refer the file to the Deputy Registrar for taxation of Bill of Costs
Court held itself functus officio; pending applications can only be litigated at the Court of Appeal
Application dated 26th June 2026 filed by Milchah Chepkoech
Cannot be entertained as the Court is functus officio
Costs
No costs order made in this ruling
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.
The matter is therefore functus officio, and this Court cannot reopen or entertain any other proceedings past or future.
So, this file is marked as closed in view of the aforesaid Court of Appeal ruling.
Once those powers are fully exercised through a final judgment, the Court cannot reopen or re-litigate the matter.
functus officio does not bar enforcement of existing orders but prohibits merit-based re-litigation.
All pending applications, including the application dated 26th June 2026 filed by Milchah Chepkoech and the oral application by the Claimant to refer the file to the Deputy Registrar for taxation of Bill of Costs, can only now be litigated at the Court of Appeal.
Issues in the judgment
#Judgment dated 6th October 2026 and references events in 2026, which appear chronologically anomalous
Ruling delivered at Nakuru though the cause is at the ELRC Kericho station
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya County Government Workers Union v County Government of Bomet & 2 Others", Case Analysis (2026). ELRC Cause No. E016 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2769/eng@2026-10-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.