[2020] KEELRC 1095 (KLR)
The court determined that, in light of the COVID-19 pandemic and the Chief Justice's directions suspending normal court operations, it was necessary to issue interim orders to preserve the status quo between the parties as per the latest notice of retirement dated 3rd March, 2020. The court further directed that all...
Source-derived case information.
- Citation
- [2020] KEELRC 1095 (KLR)
- Parties
- Claimant: Peter Nyamari Nyakondo; Respondent: Maasai Mara University
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 8 of 2020
- Procedural Posture
- Employment Cause / Interlocutory Orders Pending Hearing
- Outcome
- Interim orders granted; status quo to be maintained; mention date set for further directions.
- Legal Topics
- Retirement Notice, Status Quo Orders, Court Operations Covid19
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Nyamari Nyakondo
Claimant
Maasai Mara University
Respondent
Procedural Posture
Employment Cause / Interlocutory Orders Pending Hearing
Legal Issues
- 1 Whether the claimant's retirement was properly effected as per the notices issued.
- 2 Whether interim orders should be granted to maintain the status quo pending hearing.
- 3 How court operations and service of orders are to be managed during the COVID-19 pandemic.
Ratio Decidendi
The court determined that, in light of the COVID-19 pandemic and the Chief Justice's directions suspending normal court operations, it was necessary to issue interim orders to preserve the status quo between the parties as per the latest notice of retirement dated 3rd March, 2020. The court further directed that all parties be served electronically and set a mention date for further directions, with the caveat that any changes in circumstances would be communicated to the parties. The orders were made to ensure that neither party would suffer prejudice pending the hearing and determination of the main claim.
Court Disposition
Interim orders granted; status quo to be maintained; mention date set for further directions.
Orders
- Both parties shall maintain the status quo as per the letter and notice dated 3rd March, 2020.
- Matter to be mentioned on 30th April, 2020 for further directions.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA
ATNAKURU
CAUSE NO.8 OF 2020
PETER NYAMARI NYAKONDO...................................................CLAIMANT
VERSUS
MAASAI MARA UNIVERSITY..................................................RESPONDENT
ORDERS
On the application by the claimant dated 12th February, 2020; the Certificate of Urgency dated 23rd March, 2020; on the orders sought in the Notice of Motion, the grounds thereto and the contents of the Supporting Affidavit by the claimant, taking in account letter and Notice of Retirement dated 5th December, 2019 and directions to the claimant that retirement takes effect with effect from 30th June, 2020 and further letter and notice of retirement dated 3rd March, 2020 directing the claimant to proceed on leave; the following orders and directions issue;
(a) Following directions to mention the matter on 18th March, 2020 and which was overtaken by events following the Chief Justice Directions on 15th March, 2020 directions suspending all court operations;
(b) Both parties shall maintain the status quo as per the letter and notice dated 3rd March, 2020;
(c) There shall be mention on 30th April, 2020 for parties to take further directions;
(d) Following the events (a) above, the Deputy Registrar shall serve both parties with the Orders and directions herein via email;
claimant at oumoandcoadvocate@yahoo.comattention Oumo Advocate and
respondent at reg.admin@mmaru.ac.keattention S. K. Partoip, MIHRM, Registrar Administration;
(e) where events (a) above change and (c ) above cannot take effect there shall be notice to the parties on the hearing of the Notice of Motion and the Memorandum of Claim.
Dated and delivered at Nakuru electronically this 30th March, 2020.
M. MBARU
JUDGE
ORDER
In view of the declaration of measures restricting court operations due to the COVID-19 pandemic and in light of the direction issued by his Lordship the Chief Justice on 15th March, 2020 the Order herein shall be delivered to the parties via emails.