Emily Wambui Kimani v National Gender and Equality Commission [2015] KEELRC 1003 (KLR)
The bottom line
#A dismissed Kenyan employee could not get a court injunction blocking her old job from being refilled because money compensation could adequately cover her loss.
What this practically means
#Executive summary
#Key legal issues
#Adequacy of damages as a bar to interlocutory injunctive relief in employment disputes
The court declined the injunction because the claimant's claim included a prayer for damages for wrongful termination, which could be quantified and awarded as compensation, so damages would be an adequate remedy
The court noted that the memorandum of claim sought damages for wrongful termination, meaning any loss could be compensated by an award of damages at trial. Since the claimant failed to demonstrate that damages would not be adequate, and the balance of convenience did not favour an injunction, the discretionary relief was refused notwithstanding the alleged unfairness of the termination.
Standard for granting interlocutory injunctions post-dismissal
Dismissal before suit does not bar an injunction, but compelling circumstances are required: the applicant must show gross violation of the employment contract, the Employment Act and natural justice
The court adopted a cautious approach in employment cases where the employee has already been dismissed, reasoning that an absolute bar would encourage sharp employers to dismiss first and defeat injunctive relief. However, reinstatement-type orders post-dismissal require compelling demonstration of gross contractual and statutory violations, which the claimant had not yet established on the interlocutory material.
Legal principles established
#- In employment cases, courts should be cautious in granting interlocutory injunctions where an employee has already been dismissed; such injunctions require compelling circumstances showing gross violation of the contract, the Employment Act and rules of natural justice
- An interlocutory injunction may issue even where damages are quantifiable and adequate, if the balance of convenience leans towards granting it
- The employment relationship is personal and courts have traditionally been reluctant to compel two unwilling parties to continue in it, per Lord Denning MR in Hill v. Parsons
Court orders
#- 1.Dismissal of the claimant's interlocutory injunction application with costs to the respondent
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes; application brought under certificate of urgency seeking interlocutory injunctions
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Emily Wambui Kimani v National Gender and Equality Commission [2015] KEELRC 1003 (KLR)", Case Analysis (2015). Motion dated 31st October 2014 (Employment and Labour Relations Court, interlocutory application in the claimant's memorandum of claim). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1003/eng@2015-05-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.