[2020] KEELRC 131 (KLR)
The court held that the orders sought by the claimant—setting aside the termination letter and reinstatement—are substantive in nature and should be determined after a full trial on the merits. The claimant did not demonstrate any exceptional circumstances that would justify granting reinstatement or setting aside...
Source-derived case information.
- Citation
- [2020] KEELRC 131 (KLR)
- Parties
- Claimant: Dr. Stephen Gachie Macharia; Respondent: The Registered Trustees of the Sisters of Mercy (Kenya) t/a Mater Misericordiae Hospital
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 650 of 2020
- Procedural Posture
- Employment Cause / Interlocutory Application Ruling
- Outcome
- application_declined
- Judges
- J Rika
- Legal Topics
- Redundancy Termination, Reinstatement, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. Stephen Gachie Macharia
Claimant
The Registered Trustees of the Sisters of Mercy (Kenya) t/a Mater Misericordiae Hospital
Respondent
Procedural Posture
Employment Cause / Interlocutory Application Ruling
Legal Issues
- 1 Whether the claimant is entitled to interim orders setting aside the termination letter on account of redundancy.
- 2 Whether the claimant should be reinstated pending full trial based on affidavit evidence.
Ratio Decidendi
The court held that the orders sought by the claimant—setting aside the termination letter and reinstatement—are substantive in nature and should be determined after a full trial on the merits. The claimant did not demonstrate any exceptional circumstances that would justify granting reinstatement or setting aside the termination at the interlocutory stage based solely on affidavit evidence. The court therefore declined the application and directed that the main claim proceed to full hearing, where the claimant would have the opportunity to establish his case and, if successful, obtain the remedies sought, including possible reinstatement with back pay.
Court Disposition
application_declined
Orders
- The claimant's application dated 14th October 2020 is declined.
- The claim shall be processed for full hearing.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 650 OF 2020
DR. STEPHEN GACHIE MACHARIA................................CLAIMANT
-VERSUS-
THE REGISTERED TRUSTEES OF
THE SISTERS OF MERCY (KENYA)
T/A “MATER MISERICORDIAE HOSPITAL..................RESPONDENT
RULING
1. The Claimant seeks through an Application dated 14th October 2020, to have among other orders, an order setting aside the letter of termination dated 29th September 2020. Termination was on account of redundancy.
2. He also seeks an order of reinstatement.
3. The Application is supported by Claimant’s Affidavit, sworn on 14th October 2020.
4. It was argued on 11th December 2020, in the absence of Counsel for the Respondent, who explained later in a letter to the Court, that he thought hearing would proceed virtually. The Court allowed the Respondent to file Submissions, in light of the default.
5. The Respondent relies also, on the Affidavit of its Legal Services Manager Everlyn M. Maina, sworn on 9th November 2020.
The Court Finds:-
6. The orders sought – setting aside of the letter of termination and reinstatement are substantive orders, which are best considered upon full trial.
7. If the Claimant establishes on full trial that the Claim is merited, he can have the remedy of reinstatement with back pay.
8. There is no exceptional circumstances shown by the Claimant, warranting reinstatement based on Affidavit evidence.
IT IS ORDERED
(a) The Application dated 4th October 2020 filed by the Claimant is declined.
(b) The Claim shall be processed for full hearing.
(c) No order on the costs.
Dated, Signed and Delivered in Open Court at Nairobithis 11th day of December, 2020
James Rika
Judge