[2018] KEELRC 939 (KLR)
The court found that the claimant had satisfied the requirements for the grant of an interim injunction as established in Giella v Cassman Brown Company Limited. The court emphasized that personal or private matters should not be used as grounds to interfere with the claimant's employment contract until the facts...
Source-derived case information.
- Citation
- [2018] KEELRC 939 (KLR)
- Parties
- Applicant: Rev. Dr. Enos Lwamba; Respondent: Rev. Patrick Lihanda; Respondent: Rev. Elisha Kimaiyo; Respondent: Rev. Patrick Oyondi; Respondent: Rev. Philip Owasi; Respondent: Rev. Paul Kohls; Respondent: Rev. Hellen Miminn; Respondent: Rev. Godfrey Ongwae; Respondent: Rev. Dominic Sinogo; Respondent: Rev. Everline Koech; Respondent: Prof. Lucas Shamala; Respondent: Mrs. Fridah Chahale
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Claim 180 of 2018
- Procedural Posture
- Interlocutory Injunction Application / Ruling on Interim Injunction and Counter Application to Set Aside Ex Parte Orders
- Outcome
- interim injunction granted; ex parte orders confirmed; respondents' application to set aside interim orders denied
- Judges
- MN Nduma
- Legal Topics
- Interim Injunctions, Disciplinary Proceedings, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rev. Dr. Enos Lwamba
Applicant
Rev. Patrick Lihanda
Respondent
Rev. Elisha Kimaiyo
Respondent
Rev. Patrick Oyondi
Respondent
Rev. Philip Owasi
Respondent
Rev. Paul Kohls
Respondent
Rev. Hellen Miminn
Respondent
Rev. Godfrey Ongwae
Respondent
Rev. Dominic Sinogo
Respondent
Rev. Everline Koech
Respondent
Prof. Lucas Shamala
Respondent
Mrs. Fridah Chahale
Respondent
Procedural Posture
Interlocutory Injunction Application / Ruling on Interim Injunction and Counter Application to Set Aside Ex Parte Orders
Legal Issues
- 1 Whether the claimant is entitled to an interim injunction restraining the respondents from suspending him pending the hearing of the suit.
- 2 Whether disciplinary proceedings based on personal/private matters should be injuncted until the main suit is heard and determined.
- 3 Whether the respondents' application to set aside ex parte interim orders should be granted.
Ratio Decidendi
The court found that the claimant had satisfied the requirements for the grant of an interim injunction as established in Giella v Cassman Brown Company Limited. The court emphasized that personal or private matters should not be used as grounds to interfere with the claimant's employment contract until the facts are fully canvassed in the main suit. Accordingly, the court confirmed the ex parte interim orders previously granted, restraining the respondents and the Board of Governors from suspending the claimant or proceeding with disciplinary actions based on personal/private affairs until the main suit is heard and determined. The respondents' counter-application to set aside the...
Court Disposition
interim injunction granted; ex parte orders confirmed; respondents' application to set aside interim orders denied
Orders
- The interim injunction restraining the respondents and the Board of Governors of Pentecostal Bible College from suspending the claimant in terms of the letter dated 13th April, 2018 is confirmed pending the hearing and determination of the main suit.
- Any disciplinary proceedings underway based on personal/private affairs of the claimant are injuncted until all issues are heard and determined in the main suit.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT KISUMU
Claim No. 180 Of 2018
(Before Hon. Justice Mathews N. Nduma)
REV. DR. ENOS LWAMBA ........................................CLAIMANT
VERSUS
REV. PATRICK LIHANDA .............................1ST RESPONDENT
REV. ELISHA KIMAIYO ...............................2ND RESPONDENT
REV. PATRICK OYONDI................................3RD RESPONDENT
REV. PHILIP OWASI.......................................4TH RESPONDENT
REV. PAUL KOHLS.........................................5TH RESPONDENT
REV. HELLEN MIMINN .................................6TH RESPONDENT
REV. GODFREY ONGWAE.............................7TH RESPONDENT
REV. DOMINIC SINOGO................................8TH RESPONDENT
REV. EVERLINE KOECH ..............................9TH RESPONDENT
PROF. LUCAS SHAMALA ...........................10TH RESPONDENT
MRS. FRIDAH CHAHALE............................11TH RESPONDENT
[Sued on behalf of PENTECOSTAL BIBLE COLLEGE-PBC]
R U L I N G
1. By a Notice of Motion application dated 3rd May, 2018 the Claimant/Applicant sought an interim injunction to stop the Respondents and the Board of Governors of Pentecostal Bible College from suspending the Applicant in terms of a letter dated 13th April, 2018.
2. The grounds in support of the Application are well set out in the Notice of Motion and the Supporting Affidavit of the Applicant.
3. Instead of complying with the orders of the court to file a Replying Affidavit, the Respondents filed a counter application under certificate on 18th May, 2018 seeking to set aside the interim orders issued by the court exparte on 4th May, 2018.
4. Without getting into the merits of the case, the court has considered the depositions by both parties and is satisfied that the Claimant/Applicant has satisfied the requirements for grant of an interim injunction pending the hearing of the suit set out in Giella v Cassman Brown Company Limited and confirms the exparte orders already granted. Personal/private matters are not to be used to interfere with employment contract of the Claimant/Applicant until the facts of the case are fully canvassed. Any Disciplinary proceedings underway based on personal/private affairs of the Claimant/Applicant are injuncted until all issues are heard and determined in the main suit.
Dated and Signed in Kisumu this 11th day of October, 2018
Mathews N. Nduma
Judge
Appearances
Mr. Musiega for Claimant/Applicant
M/s. Athunga for Respondent
Chrispo – Court Clerk