Paul Kamau Maina & 11 others v Kenya Civil Aviation Authority [2015] KEELRC 761 (KLR)
The bottom line
#Kenya's Employment Court refused to stop an employer deducting rent from salaries without consent, saying employees can be repaid later if they win.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimants established a prima facie case for interlocutory injunction
Yes - the unilateral deduction of the increased rent without consent infringed the Claimants' statutory right protecting salary from unlawful deductions
The court held both parties' positions were legal: the Respondent could levy rent as landlord, but the Claimants had a right not to have salary deducted except as allowed by law. Rent is not a statutory levy or court award, so sections 17 and 19 of the Employment Act required employee consent before effecting the new rates. Deductions made without consent were unlawful, establishing a prima facie case.
Whether the Claimants would suffer irreparable harm if injunction were denied
No - the claim was quantified and the Respondent could refund any excess rent if the suit succeeds
The court noted the Claimants had quantified their claim, so damages would adequately compensate them. It also observed there was no evidence of any contract establishing the landlord-tenant relationship. Since the Respondent could refund excess rent, the injury was compensable and the balance of convenience did not favour an injunction.
Whether the motion could be refused because the main suit did not plead permanent injunction
Yes - the Industrial Court Procedure Rules bar interlocutory injunctions unless the main suit prays for a permanent injunction, and the court could raise this suo motu
Although the defence had not raised the point, the court held it was empowered to apply the legal criterion itself. Since the Claimants did not pray for a permanent injunction in the main suit, the interlocutory injunction could not properly be granted, providing an additional ground for dismissal.
Legal principles established
#- An employer may not deduct rent from an employee's salary without the employee's consent; deductions are permitted only under section 19 of the Employment Act
- An apparent infringement or likelihood of infringement of a legal right amounts to a prima facie case for purposes of an interlocutory injunction
- An interlocutory injunction cannot be granted where the main suit does not pray for a permanent injunction
Court orders
#- 1.The Notice of Motion dated 25.2.2015 is dismissed
- 2.The interim order of injunction ordered on 2.3.2015 is set aside
- 3.The parties are directed to fix the suit for hearing the soonest possible
- Jurisdiction invoked
- Employment and labour relations jurisdiction under the Employment Act and Industrial Court Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (4)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Margaret Wamoro Muigai & 2 others v Jeflinks Agencies Limited [2017] KEELC 2641 (KLR)[2017] KEELC 2641 (KLR)30 Jun 2017
- Kenya Chemical & Allied Workers Union v Base Titanium Limited [2015] KEELRC 248 (KLR)[2015] KEELRC 248 (KLR)13 Nov 2015
- Kenya Chemical & Allied Workers Union v Base Titanium Limited [2015] KEELRC 248 (KLR)[2015] KEELRC 248 (KLR)13 Nov 2015followed
- Kenya National Union of Nurses v County Government of Mombasa & 2 others (Cause 244 of 2015) [2015] KEELRC 619 (KLR)[2015] KEELRC 619 (KLR)31 Jul 2015applied
Cite this brief
#Cite this brief
Caselaw, "Paul Kamau Maina & 11 others v Kenya Civil Aviation Authority [2015] KEELRC 761 (KLR)", Case Analysis (2015). Notice of Motion dated 25.2.2015 (suit pending before the Industrial Court, Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/761/eng@2015-07-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.