[2017] KEELRC 47 (KLR)
The court found that the applicant had demonstrated sufficient grounds for urgency and the need for interim protection against termination of employment. Given the absence of a sitting judge in Kisumu and the risk of irreparable harm to the claimant, the court certified the application as urgent and granted a...
Source-derived case information.
- Citation
- [2017] KEELRC 47 (KLR)
- Parties
- Applicant: Eddie Benard Odhiambo; Respondent: Mumias Sugar Company Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 420 of 2017
- Procedural Posture
- Employment Cause / Interlocutory Application for Injunction and Lifting of Suspension
- Outcome
- Interim orders granted in favour of the applicant pending further directions.
- Judges
- MSA Makhandia
- Legal Topics
- Interlocutory Injunction, Suspension of Employee, Urgent Application, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eddie Benard Odhiambo
Applicant
Mumias Sugar Company Ltd
Respondent
Procedural Posture
Employment Cause / Interlocutory Application for Injunction and Lifting of Suspension
Legal Issues
- 1 Whether the applicant is entitled to a temporary injunction restraining the respondent from terminating his services pending determination of the application.
- 2 Whether the suspension of the claimant should be lifted pending hearing and determination of the suit.
- 3 Whether the application should be certified as urgent and heard ex parte in the first instance.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for urgency and the need for interim protection against termination of employment. Given the absence of a sitting judge in Kisumu and the risk of irreparable harm to the claimant, the court certified the application as urgent and granted a temporary injunction restraining the respondent from terminating the claimant's services pending further orders. The court also directed that the matter be returned to Kisumu for further handling and that the respondent be served with all relevant documents before a specified date.
Court Disposition
Interim orders granted in favour of the applicant pending further directions.
Orders
- The application is certified urgent and to be heard forthwith and ex parte in the first instance.
- A temporary injunction is issued restraining the respondent from terminating the claimant's services pending hearing and determination of the application.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 420 OF 2017
EDDIE BENARD ODHIAMBO........................................CLAIMANT
v
MUMIAS SUGAR COMPANY LTD.........................RESPONDENT
RULING
1. The Memorandum of Claim and the accompanying motion were filed in Kisumu under certificate of urgency but because there is presently no judge sitting in Kisumu, the file was referred to this Court by the Deputy Registrar, Kisumu.
2. The applicant seeks
1. THATfor purposes of the record this application be certified urgent and be heard forthwith and ex-parte in the first instance.
2. THAT a temporary injunction do issue directed at the respondent, its employees, workers, agents and/or whomsoever jointly and severally restraining them from terminating the services of the claimant pending hearing and determination of this application.
3. THATa temporary injunction do issue directed at the respondent, its employees, workers, agents and/or whomsoever jointly and severally restraining them from terminating the services of the claimant pending hearing and determination of this application.
4 THAT an order do issue lifting the suspension of the claimant pending the hearing and determination of this suit.
5. THAT costs of this application be provided for.
3. The Court has considered the grounds on the face of the motion and the supporting affidavit of Eddie Benard Odhiambo and allows proposed orders 1 and 2 pending further orders/directions by the Court in Kisumu (new judge reports on 1 December 2017).
4. The Court further directs that the Cause be taken back to Kisumu and that the applicant causes the Respondent to be served with copies of the pleadings, application and ruling and order before 11. 00am on 14 November 2017.
5. Costs in the Cause.
Delivered, dated and signed in Nakuru on this 13th day of November 2017.
Radido Stephen
Judge
For Claimant Bruce Odeny & Co. Advocates (not in Court)
For Respondent not yet served
Court Assistant Nixon