ELRC Strikes Out Petition Challenging the Appointment of the Managing Director and CEO of KETRACO
On 16 July 2026, the Employment and Labour Relations Court at Nairobi struck out the Petition challenging the recruitment and appointment of Kenya Electricity Transmission Company’s Managing Director and Chief Executive Officer.
The Court reached that decision on two independent grounds. First, it held that the petitioner’s supporting affidavit was invalid because its annexures had not been securely sealed and marked for identification as required by Rule 9 of the Oaths and Statutory Declarations Rules, leaving the petition without a competent evidentiary foundation. Second, the Court held that a public-interest organisation without a defined employment relationship could not invoke the ELRC’s specialised jurisdiction. Applying the Supreme Court’s recent guidance, the Court reaffirmed that while the ELRC may determine genuine employment and pre-employment disputes, general public-interest constitutional challenges brought by persons with no employment or pre-employment connection belong before the High Court.
Allamano & Associates, through our Managing Partner, Ronald A. Ong’udi PhD, appeared alongside Paul Muite for the Interested Party, Engineer Kipkemoi Kibias, Acting Managing Director and Chief Executive Officer of KETRACO. The matter also featured distinguished counsel, including Emmanuel Mumia of M&E ADVOCATES LLP and advocates from MMA ADVOCATES LLP for the 2nd and 3rd Respondents.
Read our Legal Alert for a concise analysis of the decision and its significance for evidentiary compliance, the jurisdiction of specialised courts, and litigation involving public appointments.
#LegalAlert #EmploymentLaw #ConstitutionalLaw #Jurisdiction #PublicAppointments #KETRACO #AllamanoAndAssociates