[2018] KEELRC 560 (KLR)
The court declined to grant the conservatory orders sought by the petitioner on the basis that the supporting affidavit lacked sufficient information regarding the petitioner's standing, the circumstances of the 1st respondent's employment, and the alleged expiry of her term. The court found that the petitioner...
Source-derived case information.
- Citation
- [2018] KEELRC 560 (KLR)
- Parties
- Applicant: George Olilo Mito; Respondent: Joyce Oduor Nyanjom; Respondent: Kisumu National Polytechnic; Respondent: The Council Kisumu Polytechnic; Respondent: The Cabinet Secretary Ministry of Education; Respondent: The Attorney-General
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Petition 69 of 2018
- Procedural Posture
- Constitutional Petition / Ruling on Interlocutory Application for Conservatory Orders
- Outcome
- Application for conservatory orders declined; directions issued for further affidavit and mention.
- Judges
- J Rika
- Legal Topics
- Conservatory Orders, Employment Termination, Public Office Tenure, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
George Olilo Mito
Applicant
Joyce Oduor Nyanjom
Respondent
Kisumu National Polytechnic
Respondent
The Council Kisumu Polytechnic
Respondent
The Cabinet Secretary Ministry of Education
Respondent
The Attorney-General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Application for Conservatory Orders
Legal Issues
- 1 Whether the petitioner has provided sufficient information to justify the grant of conservatory orders against the 1st respondent continuing as principal.
- 2 Whether the petitioner has established a prima facie case for the grant of interim reliefs.
- 3 Whether the court should grant ex parte conservatory orders affecting employment contracts without full information.
Ratio Decidendi
The court declined to grant the conservatory orders sought by the petitioner on the basis that the supporting affidavit lacked sufficient information regarding the petitioner's standing, the circumstances of the 1st respondent's employment, and the alleged expiry of her term. The court found that the petitioner failed to disclose his relationship to the respondents or specify the nature of the substantial loss he would suffer. The affidavit did not provide documentary evidence of the 1st respondent's retirement, appointment terms, or the alleged irregular extension of her tenure. The court held that granting ex parte conservatory orders without full information could unjustly affect...
Court Disposition
Application for conservatory orders declined; directions issued for further affidavit and mention.
Orders
- The petitioner shall file a supplementary affidavit within 7 days supplying the court with more information and documents.
- The petition shall be mentioned before Hon. Justice Nduma Nderi on 6th December 2018 for further orders.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR
RELATIONS COURT AT KISUMU
PETITION NUMBER 69 OF 2018
BETWEEN
GEORGE OLILO MITO..........................................PETITIONER
VERSUS
1. JOYCE ODUOR NYANJOM
2. KISUMU NATIONAL POLYTECHNIC
3. THE COUNCIL KISUMU POLYTECHNIC
4. THE CABINET SECRETARY MINISTRY OF EDUCATION
5. THE ATTORNEY- GENERAL ......................RESPONDENTS
RULING
1. The Petitioner filed his Petition on 13th November 2018. The Petition is accompanied by an Application by way of Notice of Motion, seeking conservatory ordersstopping, preventing, the 1st Respondent, Joyce Oduor Nyanjom, from continuing to act, operate , manage, administer and carry out herself as the Principal of the 2nd Respondent.
2. The Application is supported by the Affidavit of the Petitioner, sworn on 13th November 2018. It is brought under the Constitution of Kenya [Protection of Rights and Fundamental Freedoms] Practice and Procedure Rules, 2013.
3. It was argued briefly by the Petitioner’s Counsel in open Court, on 14th November 2018.
The Court Finds:-
4. The Affidavit filed by the Petitioner does not contain sufficient information to merit the conservatory orders sought.
5. The Petitioner has not disclosed who, or what, he is, in relation to the Respondents. He states if conservatory orders are not made, he would suffer substantial loss. He does not say in what way.
6. The Affidavit is not clear. Paragraph 2 for instance states it is common knowledge that the 1st Respondent, and other Principals, retired between May 2017 and November. It is not stated November of which year. There are no letters of retirement exhibited. There is no document capturing the terms and conditions of service of the 1st Respondent. The Petition is based on the position that 1st Respondent’s term has expired, and there is a conspiracy to extend 1st Respondent’s term irregularly.It is not shown when she was appointed, on what terms, and when she was supposed to leave. The Court is not able to make a view, based on what the Petitioner calls ‘common knowledge.’ Details ought to be supplied to the Court.
7. The grant of conservatory orders ex parte, and without full information about the dispute and the disputants, would likely affect contractual obligations, without having heard the Parties to the contract of employment. IT IS ORDERED:-
a. The Petitioner shall file a Supplementary Affidavit within 7 days supplying the Court with more information and documents.
b. The Petition shall be mentioned before Hon. Justice Nduma Nderi, on 6th December 2018 for further orders.
Dated and delivered at Kisumu this 16thday of November, 2018
James Rika
Judge