Abdullahi Abidi Sheikh v Ministry of Interior and National Administration & 3 others
The bottom line
#The Court of Appeal refused to block a new chief's appointment in Kenya, confirming that winning an injunction on appeal requires proving both arguable grounds and real harm.
What this practically means
#Executive summary
#Key legal issues
#Test for relief under Rule 5(2)(b) of the Court of Appeal Rules, 2022
The twin requirements of arguability and nugatory-ness must both be satisfied; failure of either defeats the application.
The court restated that its Rule 5(2)(b) jurisdiction is original and discretionary, aimed at doing justice between the parties. Arguability alone is insufficient; the applicant must additionally demonstrate that the appeal will be rendered nugatory without the injunction or stay. Here, fresh recruitment had already occurred, so the nugatory test failed even though arguable grounds existed.
Arguability of the intended appeal
The intended appeal was arguable, one ground being that the ELRC failed to pronounce itself on due process and fair administrative action in the termination.
The court accepted that one arguable ground was the claim that the ELRC did not determine whether the termination followed due process and fair administrative action. The applicant argued violations of Articles 41, 47 and 50, asserting he was not heard or given a show cause letter. Arguability was nonetheless not enough given the failure of the nugatory limb.
Nugatory-where recruitment already completed
Where a fresh recruitment has been conceded, the injunctive prayers are overtaken by events and the nugatory test fails.
The respondents conceded that a fresh recruitment of a chief for the Location had already occurred following interviews on 26th August 2025. An injunction restraining recruitment would therefore be futile, as the very act it sought to prevent had been completed, rendering the prayers overtaken by events.
Legal principles established
#- Rule 5(2)(b) jurisdiction is original and discretionary; an applicant must establish both that the intended appeal is arguable and that it will be rendered nugatory if the relief is not granted
Court orders
#- 1.The application under Rule 5(2)(b) of the Court of Appeal Rules, 2022 seeking an injunction pending appeal is dismissed
- 2.Costs to abide the intended appeal
- On appeal from
- Employment and Labour Relations Court at Nairobi
- Not stated in the judgment
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules, 2022 (original and discretionary jurisdiction to grant injunctions/stay pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Abdullahi Abidi Sheikh v Ministry of Interior and National Administration & 3 others", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1863/eng@2025-11-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.