Jeremiah Mbuthia Ndirangu v Jubilee Insurance Company Limited [2014] KEELRC 138 (KLR)
The bottom line
#Kenya's Employment Court dismissed a dismissed employee's bid to get his job back temporarily, ruling that reinstatement is a final remedy, not a stopgap one.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimant established a prima facie case with a probability of success
He did not; the application fell short of the Giella threshold and therefore failed
The respondent had raised serious allegations of fraud against the claimant, including manipulation of computer data systems to generate a false insurance claim and inflation of his own vehicle claim, and faced criminal prosecution. Against these contested allegations the claimant could not demonstrate, at the interlocutory stage, a prima facie case with a probability of success as mandated in Giella -vs- Cassman Brown, nor the remaining two criteria.
Whether reinstatement may issue as an interim measure
No; reinstatement is a substantive remedy to be granted upon full hearing, not as temporary relief
Following Rika, J in Alfred Nyungu Kimungui –vs- Bomas of Kenya, the court reasoned that the law does not contemplate reinstatement as a provisional measure. It is a remedy that should normally be granted upon the full hearing of the employer and the employee, so interim reinstatement orders were inappropriate here.
Legal principles established
#- An applicant for interlocutory relief must show a prima facie case with a possibility of success, irreparable injury not compensable by damages, and if in doubt the court decides on the balance of convenience
- Reinstatement of an employee is ordinarily a substantive remedy, not a temporary or provisional measure
Court orders
#- 1.The Notice of Motion dated 4th December, 2013 is dismissed
- 2.Costs of the application awarded to the respondent
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes; interim relief assessed under section 49, Employment Act, 2007 and Giella principles
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jeremiah Mbuthia Ndirangu v Jubilee Insurance Company Limited [2014] KEELRC 138 (KLR)", Case Analysis (2014). Notice of Motion dated 4th December, 2013 (Claim filed at the Employment and Labour Relations Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/138/eng@2014-11-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.