[2019] KEELRC 958 (KLR)
The court found that the application for interim orders had been overtaken by events because the respondent had already concluded the disciplinary process and terminated the claimant's employment. As a result, the reliefs sought—namely, restraining termination and lifting suspension—were no longer capable of being...
Source-derived case information.
- Citation
- [2019] KEELRC 958 (KLR)
- Parties
- Applicant: Nashon Aseka; Respondent: Mumias Sugar Company Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 240 of 2018
- Procedural Posture
- Employment Cause / Ruling on Interlocutory Application
- Outcome
- application dismissed as overtaken by events
- Judges
- MN Nduma
- Legal Topics
- Interim Injunctions, Suspension of Employment, Unlawful Termination, Reinstatement, Disciplinary Process, Conservatory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nashon Aseka
Applicant
Mumias Sugar Company Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the application for interim orders restraining termination and lifting suspension was merited in light of subsequent termination of employment.
- 2 Whether the application had been overtaken by events due to the conclusion of the disciplinary process and termination of the claimant.
Ratio Decidendi
The court found that the application for interim orders had been overtaken by events because the respondent had already concluded the disciplinary process and terminated the claimant's employment. As a result, the reliefs sought—namely, restraining termination and lifting suspension—were no longer capable of being granted. The court emphasized that it is not in the interest of justice to issue orders that have been rendered moot by subsequent developments. The appropriate course is to expedite the hearing and determination of the amended suit, which now seeks substantive remedies for alleged unlawful termination and reinstatement. Accordingly, the application lacked merit and was...
Court Disposition
application dismissed as overtaken by events
Orders
- The application dated 28th June 2018 is dismissed as overtaken by events.
- Costs in the cause.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT KISUMU
CAUSE NO. 240 OF 2018
(Before Hon. Justice Mathews N. Nduma)
NASHON ASEKA.......................................................CLAIMANT/APPLICANT
VERSUS
MUMIAS SUGAR COMPANY LTD............................................RESPONDENT
RULING
1. Application dated 28TH June 2018 and filed on even date sought the following interim orders:
(a) For purposes of the record this application be certified urgent and be heard forthwith and ex-parte in the first instance.
(b) A temporary injunction do issue directed at the Respondent, its Board of Directors, employees, workers, agents and/or whomsoever jointly and severally restraining them from terminating the services of the Claimant/Applicant pending the hearing and determination of this application.
(c) A conservatory order does issue lifting the suspension of the claimant/Applicant pending the hearing and determination of this application.
2. The court certified the matter urgent and directed that the respondent does not further extend the suspension of the claimant pending the intended disciplinary action.
3. The court later learnt vide application dated 22nd January 2019 brought on a certificate of urgency by the claimant, that the respondent concluded the disciplinary process against the claimant and terminated his employment by a letter dated 16th July 2018 produced before court.
4. The Claimant/Applicant on 22nd January 2019 filed amended statement of claim seeking a declaration that termination of the claimant’s services was unlawful and an order of unconditional reinstatement of the claimant back to his original position of Managing Director/CEO of the Respondent be issued.
5. Clearly, the present application has been overtaken by events. It is in the interest of justice that the hearing and determination of the amended suit be expedited.
6. Accordingly, the application having been overtaken by events, lack merit and is dismissed. Costs in the cause.
Ruling Dated, Signed and delivered this 29th day of July, 2019
Mathews N. Nduma
Judge
Appearances
Mr. Odeny for Claimant/Applicant
Mr. Kimeto for Respondent
Chrispo – Court Clerk