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ELRCOtherELRC Cause No. E016 of 2022

Kenya County Government Workers Union v County Government of Bomet & 2 Others

Employment & Labour Relations Court
6 October 2026
1,724 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This ruling by the Employment and Labour Relations Court at Kericho (delivered virtually at Nakuru) by Anna Ngibuini Mwaure, J, addresses whether the Court became functus officio in a contempt saga arising from its judgment of 29th February 2024 by David Nderitu, J, which found the County Government of Bomet and its Public Service Board in violation of employees' rights through disguised terminations, quashed the notices and directed payment of salaries. After the Court of Appeal dismissed the Respondents' appeal, the ELRC on 18th June 2026 convicted and sentenced the Governor of Bomet, Prof. Hillary Barchok, and ten senior county officials and board members to one month's imprisonment each, with orders to pay the Grievants pending salaries within 14 days. The Court of Appeal subsequently consolidated three applications (E099, E102 and E104 of 2026), found the grounds arguable - including liability of former officials, compliance with section 21(1) of the Government Proceedings Act, and the legality of the custodial sentence - and stayed the ELRC ruling pending appeal, holding loss of liberty irreversible. The ELRC then held that, having issued its final judgment and committal orders, its jurisdiction was spent under the functus officio doctrine, as applied in Telkom Kenya Ltd v Ochanda, Odinga v IEBC, and John Gilbert Ouma v Kenya Ferry Services, save for the section 99 Civil Procedure Act exceptions for clerical errors and enforcement. The Court declared the matter functus officio, held that all pending applications (including taxation of the Bill of Costs) could only be litigated at the Court of Appeal, and marked the file as closed. No costs order was made.

Questions the Court framed

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

  1. 1.Whether the ELRC became functus officio after issuing its final judgment and committal orders
  2. 2.Whether pending applications can still be litigated before the ELRC or only at the Court of Appeal

Key legal issues

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01

Functus officio after final judgment and committal orders

Holding

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

Reasoning

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.

p. 4
02

Exceptions to functus officio

Holding

The doctrine does not bar enforcement of existing orders or correction of clerical or arithmetical mistakes under section 99 of the Civil Procedure Act

Reasoning

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.

p. 8
03

Forum for pending applications

Holding

All pending applications, including taxation of the Bill of Costs, fall to be litigated at the Court of Appeal

Reasoning

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.

p. 8

Legal principles established

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  • 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

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  1. 1.Declared that the matter is functus officio and the Court cannot reopen or entertain any other proceedings past or future
  2. 2.Marked the file as closed in view of the Court of Appeal ruling
  3. 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

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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

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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

p. 8

Application dated 26th June 2026 filed by Milchah Chepkoech

Cannot be entertained as the Court is functus officio

p. 8

Costs

No costs order made in this ruling

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 matter is therefore functus officio, and this Court cannot reopen or entertain any other proceedings past or future.
p. 8functus officio declaration
So, this file is marked as closed in view of the aforesaid Court of Appeal ruling.
p. 8final orders - file closed
Once those powers are fully exercised through a final judgment, the Court cannot reopen or re-litigate the matter.
p. 4finality of superior court judgment
functus officio does not bar enforcement of existing orders but prohibits merit-based re-litigation.
p. 8exceptions to the doctrine
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.
p. 8disposition of pending applications

Issues in the judgment

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minor

Judgment dated 6th October 2026 and references events in 2026, which appear chronologically anomalous

minor

Ruling delivered at Nakuru though the cause is at the ELRC Kericho station

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, "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.