Pamela Wangui Kiama v County Public Service Board of Nyandarua & 2 others [2014] KEELRC 1368 (KLR)
The bottom line
#A Kenyan employment court refused to reinstate a county Chief of Staff mid-case, ruling money compensation would adequately cover her if she wins.
What this practically means
#Executive summary
#Key legal issues
#Prima facie case for interlocutory injunction
The Claimant established a prima facie case because it was unclear whether the Board consulted the authorised officer or head of department before disallowing the secondment, and unclear whether she bore responsibility for providing the secondment letter
The court reviewed the statutory framework under sections 59 and 73 of the County Government Act and held that the factual record left open whether section 73(5) representations were considered, satisfying the first Giella limb.
Irreparable injury and adequacy of damages
The Claimant failed the second Giella limb; damages would adequately compensate given the interim, contractual nature of her appointment and her ability to return to the National Government
The appointment was interim and contractual, seconded employees may return to the National Government under section 73(3) of the County Government Act, and the relationship is employer-employee rather than a statutory office, so damages suffice.
Mandatory injunction at interlocutory stage
Not suitable; granting the sought orders would amount to determining the main cause at interlocutory stage and reinstatement orders in service contracts require exceptional circumstances
Citing the statutory bar in section 49(4)(d) Employment Act and the caution against specific performance in service contracts, the court declined mandatory reinstatement orders at the interlocutory stage while prioritising hearing of the main cause.
Legal principles established
#- Specific performance should not be ordered in contracts of service unless exceptional circumstances exist, as statutorily underpinned by section 49(4)(d) of the Employment Act, 2007
- The Giella v Cassman Brown interlocutory injunction principles may be modified where necessary in the employment context
- A County Public Service Board may not disallow a secondment without considering representations from the concerned authorised officer or head of department (section 73(5) County Government Act)
Court orders
#- 1.The orders sought in the motion dated 1st July 2014 are declined and the motion is dismissed
- 2.Each party to bear own costs
- 3.The main Cause be fixed for hearing on a priority basis on a date convenient to the parties and the Court
- Jurisdiction invoked
- Employment and labour relations dispute under the Industrial Court Act and Employment Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Paul Kiprop Chepruto v University Council Moi University & 3 others [2018] KEELRC 1592 (KLR)[2018] KEELRC 1592 (KLR)5 Jul 2018
Cite this brief
#Cite this brief
Caselaw, "Pamela Wangui Kiama v County Public Service Board of Nyandarua & 2 others [2014] KEELRC 1368 (KLR)", Case Analysis (2014). Cause as stated in Statement of Claim filed 2 July 2014 (motion dated 1st July 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/1368/eng@2014-10-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.