[2022] KEELRC 3776 (KLR)
The court determined that justice would best be served by prioritizing the hearing of the substantive petition rather than granting or denying the interlocutory injunction outright. To preserve the substratum of the dispute and prevent prejudice to either party, the court ordered that the status quo be maintained...
Source-derived case information.
- Citation
- [2022] KEELRC 3776 (KLR)
- Parties
- Applicant: Kenya County Workers Union; Respondent: Nairobi City County Government; Respondent: Nairobi City County Public Service Board
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E185 of 2021
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Injunction Application Pending Hearing of Substantive Petition
- Outcome
- Status quo to be maintained pending judgment; parties to file written submissions; judgment scheduled for July 28, 2022.
- Judges
- K Ocharo
- Legal Topics
- Injunctive Relief, Promotion of Public Employees, Return to Work Agreements, Status Quo Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya County Workers Union
Applicant
Nairobi City County Government
Respondent
Nairobi City County Public Service Board
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Injunction Application Pending Hearing of Substantive Petition
Legal Issues
- 1 Whether the court should grant a temporary injunction restraining the respondents from recruiting new ECDE teachers before promoting existing qualified teachers as per the return to work formula.
- 2 Whether the status quo should be maintained pending the hearing and determination of the substantive petition.
Ratio Decidendi
The court determined that justice would best be served by prioritizing the hearing of the substantive petition rather than granting or denying the interlocutory injunction outright. To preserve the substratum of the dispute and prevent prejudice to either party, the court ordered that the status quo be maintained pending judgment on the petition. The court directed the parties to file and exchange written submissions within specified timelines and set a date for delivery of judgment. The decision was guided by the overriding objective of the Employment and Labour Relations Court Act and constitutional principles requiring expeditious and proportionate resolution of disputes, as well as...
Court Disposition
Status quo to be maintained pending judgment; parties to file written submissions; judgment scheduled for July 28, 2022.
Orders
- Parties to address the court on the substantive petition by way of written submissions.
- Petitioner to file and serve submissions within 14 days.
Full Case Text
Judgment text and source record
23 paragraphs
Kenya County Workers Union v Nairobi City County Government & another (Cause E185 of 2021) [2022] KEELRC 3776 (KLR) (9 May 2022) (Ruling)
Neutral citation: [2022] KEELRC 3776 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause E185 of 2021
K Ocharo, J
May 9, 2022
Between
Kenya County Workers Union
Petitioner
and
Nairobi City County Government
1st Respondent
Nairobi City County Public Service Board
2nd Respondent
Ruling
1. Through a notice of motion application dated November 18, 2021, the petitioner/applicant has sought: -1. That this application be certified as extremely urgent and therefore be heard on priority basis and ex-parte in the 1st instance.2. That pending the hearing and determination of this application herein, the honourable court be pleased to issue a temporary order of injunction against the respondents, their agents, officers or persons under this instructions and/or directions from proceeding with any advertisement, interviews, and/or employment of any new Early Childhood Development Education [ECDE] teachers without first promoting the existing, long serving ECDE teachers with relevant qualifications, skills, and experience needed to fill in the advertised positions in higher job groups, in breach of the return to work formula dated October 14, 2021. 3.That pending the hearing and determination of the petition herein, the Honourable court, be pleased to issue temporary order of injunction against the respondents, their agents, officers, or persons under their instruction and or directions from proceeding with any advertisements, interviews, and/or employment of any new Early Childhood Development Education [ECDE] Teachers without first promoting the existing, long-serving ECDE teachers with the relevant qualifications, skills, and experience needed to fill up the advertised positions to higher job groups, in breach of the return to work formula dated October 14, 2021. 4.That the costs of this application be provided.
2. The application is anchored on the grounds obtaining on the face of the application and those obtaining in the supporting affidavit sworn by Joyce Wamuhu Gichuhi.
3. The respondent opposes the application on the grounds obtaining on the replying affidavit sworn on the December 20, 2021, by Erick Obisao, the County Solicitor.
4. Following the directions that the court gave regarding filing of written submissions, on the application, the parties did comply.
5. I have carefully considered the application, the grounds which it is premised, the affidavit in support of the application, the replying affidavit by the respondent, and the submissions by the parties. One order commends itself to me, that justice shall be best served by having the substantive petition heard conclusively on a priority basis.
6. Consequently, pursuant to the principal objective of this Court, as set out in section 3 of the Employment and Labour Relations Court Act, I give the following orders: -a)That the parties herein do proceed to address the court on the substantive petition, by way of written submissions.b)The petitioner to file and serve its submissions on the petition within 14 days of today.c)The respondent to serve and file their submissions within 14 days of service of the petitioner’s submissions.d)The status quo obtaining to maintain pending judgment on the petition, so that the substratum of the matter is preserved.e)Judgment shall be delivered on the July 28, 2022.
READ AND DELIVERED VIRTUALLY AT NAIROBI THIS 9TH DAY OF MAY, 2022. ...........................................Ocharo KebiraJudgeIn presence ofMr. Odinga for the Petitioner/Applicant.Ms. Ndugire for the Respondent.ORDERIn view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open Court. In permitting this course, this Court has been guided by Article 159(2)(d) of the Constitution which requires the Court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this Court the duty of the Court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.A signed copy will be availed to each party upon payment of Court fees.___________________________________OCHARO KEBIRAJUDGE3| RULING ELRC NAIROBI PETITION NO. E185 OF 2021