Mutiso & 4 others (Suing on Their Behalf and on Behalf of Members of KCPA) v Gikonyo & 12 others (Cause E688 of 2024) [2026] KEELRC 63 (KLR) (23 January 2026) (Ruling)

Neutral citation: [2026] KEELRC 63 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Cause E688 of 2024

S Radido, J

January 23, 2026

Between

Jorrum Mwei Mutiso

1^st Claimant

David Ndungu

2^nd Claimant

Bosco Muriithi

3^rd Claimant

Amrgaret Kanake

4^th Claimant

Raphael Maganga

5^th Claimant

Suing on Their Behalf and on Behalf of Members of KCPA

and

Peter Gikonyo

1^st Respondent

Tom Wanambisi

2^nd Respondent

Josephine Ndikwe

3^rd Respondent

Stella Thuo

4^th Respondent

Joseph Mwaura

5^th Respondent

Bonface Mwangangi

6^th Respondent

Wifenzio Njeru

7^th Respondent

Bonface Njoroge

8^th Respondent

Jimmy Simbi Wamalwa

9^th Respondent

Nicholas Ondimu

10^th Respondent

Joseph Kimemia

11^th Respondent

Registrar of Trade Unions

12^th Respondent

Attorney General

13^th Respondent

Ruling

1.On 21 October 2025, the Court directed that a Notice to Show Cause why the Cause should not be dismissed issue with a return date of 12 November 2025.

2.The parties appeared and made brief oral submissions, and the Court reserved its Ruling.

3.The Court has considered the record and brief submissions.

4.The Claimants sued the Respondents on 29 August 2024. The Statement of Claim was accompanied by a Motion under a Certificate of Urgency.

5.The Court allowed the Motion on 22 October 2024, but the Respondents sought to have the orders discharged. However, the Court confirmed the orders on 21 November 2024.

6.When the Cause was called on 10 December 2024 to deal with another Motion dated 27 November 2024, the Claimants were absent despite service. The Claimants had also failed to file a response to the Motion within the set timelines.

7.The Court delivered a Ruling on the Motion on 19 December 2024, and also issued directions on the filing and exchange of Responses to the Statement of Claim, Replies and Agreed Issues to facilitate a hearing of the Cause on the merits.

8.When the Cause was called out to confirm compliance on 18 February 2025, the parties informed the Court that they had not complied because they were in talks. The Court directed that a consent be filed in case of agreement.

9.The parties informed the Court on 3 March 2025 that there was no consent. The Court gave fresh directions on filing and exchange of Responses and Agreed Issues.

10.The Court gave further directions on 7 May 2025.

11.When the Cause was called out on 22 September 2025, the Claimants were absent. Again, on 21 October 2025, the Claimants failed to attend the Court.

12.The failures by the Claimants to attend Court sessions have hampered the expeditious and proportionate determination of the Cause.

13.The Court must now put the Claimants on notice that failure to attend Court or comply with peremptory orders geared to the expeditious determination of the Cause will lead to action, including dismissal of the Cause.

14.The delivery of this Ruling has been brought forward with notice to the parties.

15.The Court will give further directions on the hearing of the Cause hereinafter.

DELIVERED VIRTUALLY, DATED AND SIGNED IN NAIROBI ON THIS 23^RD DAY OF JANUARY 2026.RADIDO STEPHEN, MCIArbJUDGEAppearancesFor Claimants Musee Manyolo & Associates AdvocatesFor 1^st – 5^th, 9^th, 10^th & 11^th Respondents Kanyoko Lewis & Co. AdvocatesFor 6^th ,7^th & 8^th Respondents Kivuva Omuga & Co. Advocates12^th & 13^th Respondents did not participateCourt Assistant Wangu

Mutiso & 4 others (Suing on Their Behalf and on Behalf of Members of KCPA) v Gikonyo & 12 others (Cause E688 of 2024) [2026] KEELRC 63 (KLR) (23 January 2026) (Ruling)

Mutiso & 4 others (Suing on Their Behalf and on Behalf of Members of KCPA) v Gikonyo & 12 others (Cause E688 of 2024) [2026] KEELRC 63 (KLR) (23 January 2026) (Ruling)

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