[2019] KEHC 10676 (KLR)
The court found that the claimant had not satisfied the requirements for the grant of an interim injunction as established in Giella v Cassman Brown Limited. Specifically, the claimant failed to demonstrate a prima facie case with a probability of success, and the balance of convenience favored vacating the interim...
Source-derived case information.
- Citation
- [2019] KEHC 10676 (KLR)
- Parties
- Claimant: Wilfred Nyabuto Rianga; Respondent: County Public Service Board, Kisii County; Respondent: County Secretary, Kisii County
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 21 of 2018
- Procedural Posture
- Interlocutory Application / Ruling on Interim Injunction Application
- Outcome
- application dismissed
- Judges
- MN Nduma
- Legal Topics
- Unfair Dismissal, Interim Injunctions, Employment Termination, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilfred Nyabuto Rianga
Claimant
County Public Service Board, Kisii County
Respondent
County Secretary, Kisii County
Respondent
Procedural Posture
Interlocutory Application / Ruling on Interim Injunction Application
Legal Issues
- 1 Whether the claimant satisfied the requirements for grant of an interim injunction to stop operationalization of the dismissal letter.
- 2 Whether a prima facie case with probability of success was established by the claimant.
- 3 Whether the balance of convenience favored maintaining or vacating the interim orders.
Ratio Decidendi
The court found that the claimant had not satisfied the requirements for the grant of an interim injunction as established in Giella v Cassman Brown Limited. Specifically, the claimant failed to demonstrate a prima facie case with a probability of success, and the balance of convenience favored vacating the interim order. The court noted that by the time the application was filed, the claimant had already been dismissed from employment, making the request for interim relief untenable. The merits of the substantive case would be determined at the full hearing.
Court Disposition
application dismissed
Orders
- The application dated 18th January 2018 is dismissed.
- The matter to proceed to full hearing on the merits.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT KISUMU
CAUSE NO. 21 OF 2018
(Before Hon. Justice Mathews N. Nduma)
WILFRED NYABUTO RIANGA........................................................CLAIMANT
VERSUS
COUNTY PUBLIC SERVICE BOARD,KISII COUNTY....1ST RESPONDENT
COUNTY SECRETARY, KISII COUNTY.............................2ND RESPONDENT
R U L I N G
1. Claimant filed an application dated 18th January, 2018 seeking to stop operationalization of the letter of dismissal from service dated 13th December, 2017. Interim orders were granted on 24th January, 2018. Replying Affidavit was filed on 12th February, 2018. The Claimant filed written submissions on 1st July, 2018 whereas the Respondent filed submissions on 17th October, 2018.
2. Upon consideration of the deposition by the Claimant and the Respondent and the submissions on the disputed facts and pointsof law by the parties, the court is satisfied that the applicant has not satisfied the requirements for grant of an interim inunction set out in the case of Giella v Cassman Brown Limitedin that a prima facie case with probability of success has not been made out and that the balance of convenience is in favour of vacating the interim order granted on 24th January, 2018. By the time the application was filed, the Claimant/Applicant had already been dismissed from his employment with effect from 1st February, 2017.
3. The merits and de-merits of the case may only be canvassed and determined upon hearing the main suit.
4. Accordingly, the application is dismissed. The matter to proceed to full hearing on the merits.
Ruling Dated and Signed and Delivered in Kisumu this 17th day of January , 2019
Mathews N. Nduma
Judge
Appearances
N. E. Mogusu & Associates for Claimant
Anne Babu & Co. Advocates for the 1st and 2nd Respondents
Chrispo – Court Clerk