[2013] KEELRC 180 (KLR)

[2013] KEELRC 180 (KLR)

The court found that the claimant failed to establish a prima facie case with a probability of success and did not demonstrate that damages would not be an adequate remedy if he succeeded at trial. The court held that the disciplinary process, including the ad hoc committee's investigation and the claimant's...

Source-derived case information.

Citation
[2013] KEELRC 180 (KLR)
Parties
Applicant: Engineer Mwalimu Kithome Musau; Respondent: Kenya Water Institute; Respondent: George Ochilo Mbogo Ayacko
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 794 of 2013
Procedural Posture
Interlocutory Application / Ruling on Notice of Motion for Injunction and Stay Pending Hearing of Main Claim
Outcome
application dismissed
Legal Topics
Unfair Termination, Disciplinary Procedure, Injunctive Relief, Procedural Fairness
Source Language
en
Employment and Labour Unfair Termination Disciplinary Procedure Injunctive Relief Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

Engineer Mwalimu Kithome Musau

Applicant

Kenya Water Institute

Respondent

George Ochilo Mbogo Ayacko

Respondent

Procedural Posture

Interlocutory Application / Ruling on Notice of Motion for Injunction and Stay Pending Hearing of Main Claim

Legal Issues

  1. 1 Whether the claimant was accorded a fair hearing before suspension and interdiction.
  2. 2 Whether the suspension, interdiction, and intended termination of the claimant's employment were procedurally fair and lawful.
  3. 3 Whether the claimant is entitled to injunctive relief restraining the respondents from terminating his employment or filling his position pending determination of the main claim.

Ratio Decidendi

The court found that the claimant failed to establish a prima facie case with a probability of success and did not demonstrate that damages would not be an adequate remedy if he succeeded at trial. The court held that the disciplinary process, including the ad hoc committee's investigation and the claimant's involvement, satisfied the requirement for a fair hearing at this interlocutory stage. The court also noted that the matter was interlocutory and that substantive issues would be determined at full trial. The application for injunctive relief was therefore dismissed, and interim orders previously granted were vacated. The court further allowed the 2nd respondent to regularize his...

Court Disposition

application dismissed

Orders

  • The application is dismissed with costs to the claimant/applicant.
  • The interim orders issued on 24th May, 2013 in terms of prayers 1 and 2 of the Notice of Motion are vacated and discharged.