A three-judge bench of the Employment and Labour Relations Court (ELRC) at Nairobi, (Mbaru J, Abuodha J and Ndolo J) in a decision rendered on 30th July 2021 in the case of Monica Munira Kibuchi & 6 others v Mount Kenya University & Another [2021] eKLR (hereinafter referred to as the Mount Kenya University case) declared that section 42 (1) of the Employment Act, 2007 (the Act) is inconsistent with articles 24, 41 and 47 of the Constitution to the extent that it excludes employees on probation from the provisions of Section 41 of the Act. Section 42 of the Act provides as follows: