[2021] KEELRC 1986 (KLR)
The court declined to grant a stay of the disciplinary process, reasoning that judicial intervention in employer disciplinary proceedings is only warranted where there is clear evidence of bias, illegality, or manifest unfairness. At this interlocutory stage, the merits of the case had not been fully canvassed, and...
Source-derived case information.
- Citation
- [2021] KEELRC 1986 (KLR)
- Parties
- Applicant: Kenya Airline Pilots Association; Respondent: Kenya Airways Public Limited Company
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E147 of 2021
- Procedural Posture
- Employment Cause / Interlocutory Application for Injunctive Relief Prior to Hearing on Merits
- Outcome
- Interim stay of disciplinary process declined; respondent granted leave to file further affidavit; motion set for hearing.
- Judges
- AN Makau
- Legal Topics
- Disciplinary Procedure, Interlocutory Injunctions, Unfair Labour Practices
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Airline Pilots Association
Applicant
Kenya Airways Public Limited Company
Respondent
Procedural Posture
Employment Cause / Interlocutory Application for Injunctive Relief Prior to Hearing on Merits
Legal Issues
- 1 Whether the court should grant an interim stay of the disciplinary process against the claimant's member.
- 2 Whether the court should intervene in an ongoing employer disciplinary process absent evidence of bias, illegality, or manifest unfairness.
Ratio Decidendi
The court declined to grant a stay of the disciplinary process, reasoning that judicial intervention in employer disciplinary proceedings is only warranted where there is clear evidence of bias, illegality, or manifest unfairness. At this interlocutory stage, the merits of the case had not been fully canvassed, and the respondent was entitled to file a further affidavit in response. The court emphasized that interfering prematurely in the disciplinary process could undermine the human resource function of the employer. The matter was set down for hearing on a specified date to allow both parties to present their arguments fully.
Court Disposition
Interim stay of disciplinary process declined; respondent granted leave to file further affidavit; motion set for hearing.
Orders
- The application for stay of the disciplinary process is declined.
- The respondent is granted 4 days to file a further affidavit.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CAUSE NO. E147 OF 2021
KENYA AIRLINE PILOTS ASSOCIATION...........................CLAIMANT
VERSUS
KENYA AIRWAYS PUBLIC LIMITED COMPANY..........RESPONDENT
RULING
1. The Claimant seeks what seems to be injunctive relief at this stage. There is argument advanced that if he is unable to proceed to get back in the cockpit soon he will be forced to undertake costly training. As the Respondent is opposed, it seeks time to respond to the assertions by the Claimant. The Courts are generally reluctant to interpose in disciplinary cases as was held in the case of Kimungui v Bomas of Kenya.
2. The Court in this instance is unable to accede to grant stay of the disciplinary process as it may bode disaster in the human resource function of entities since a Court ideally ought not interfere unless there is demonstration of bias, illegality and manifest unfairness in the process. As this matter is still at a stage where the merits have not been delved into, I shall decline to grant any stay and allow the Respondent to file a further affidavit within 4 days.
3. The motion shall be heard on Thursday 11th March 2021 by any Court at Nairobi ELRC so as to bring closure to the tensions now evident. Once it is heard I believe the Court seized of the matter will give relief or decline to do so having considered both sides.
It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 4TH DAY OF MARCH 2021
NZIOKI WA MAKAU
JUDGE