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ELRCDismissedMemorandum of Claim filed 17 February 2015 (Motion under certificate of urgency; cause number not stated in judgment)· [2015] KEELRC 1241 (KLR)

Rift Valley Water Services Board & another v Julius Lamaon & 3 others [2015] KEELRC 1241 (KLR)

Industrial Court of Kenya (Employment and Labour Relations Court)
27 March 2015
RSRadido Stephen
1,106 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court refused to block water board members by injunction, saying the acting-CEO dispute belonged with the Ministry, not the courts.

What this practically means

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Executive summary

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The applicant, Japheth Mutai, was Chief Executive Officer of the Rift Valley Water Services Board under a contract expiring 31 January 2015. He sought renewal from the Board and, on its non-response, from the Cabinet Secretary, who renewed his contract for three years effective 1 February 2015 citing the Water Act, 2002. At the Board members' end-of-term meeting on 9 February 2015, the Respondents appointed Eng. Rachel N. Makokha as acting CEO. On 17 February 2015 the applicant and the Board filed a Memorandum of Claim seeking a permanent injunction restraining the Respondents from interfering with staff and offices, declarations that the applicant was duly appointed under the State Corporations Act and the Constitution, costs and interest, together with a motion for a temporary injunction. The substantive motion prayer (prayer 3) came for inter partes hearing; the Court heard it on 11 March 2015 after dismissing and reinstating it. The Court held that the purported appointment of an acting CEO was, if at all, not supported by law but was a matter for the parent Ministry; that the text messages alleging threats lacked any evidential nexus to the Respondents; and that the dispute could have been presented to the Police or the Ministry. Applying the Giella v Cassman Brown test, the Court found the applicant had not demonstrated a case for an interlocutory injunction, dismissed the motion, and ordered each party to bear their own costs. The substantive claim's final determination was reserved.

Key legal issues

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01

Whether the applicant satisfied the Giella v Cassman Brown test for an interlocutory injunction

Holding

The test was not met and the motion was dismissed

Reasoning

The applicant's only concrete grievance was the Respondents' purported appointment of an acting CEO, which the Court considered unlawful but resolvable through the parent Ministry. The allegations of threats rested on mobile text messages with no evidential link to the Respondents, since neither the sending nor the recipient numbers were disclosed. Without evidence connecting the Respondents to the alleged threats and interference, the applicant failed to demonstrate a prima facie case or irreparable harm warranting interlocutory relief.

p. 3
02

Whether the Respondents' appointment of an acting Chief Executive Officer warranted judicial intervention

Holding

The action was, if at all, not supported by law, but was a matter for the parent Ministry rather than the Court at the interlocutory stage

Reasoning

The Court observed that the purported appointment of an acting Chief Executive Officer by outgoing Board members lacked legal support, yet the appropriate remedy lay with the Ministry under which the Board operates. The Court declined to use the motion as a vehicle to validate the applicant's own contract renewal, noting the submissions went beyond the motion.

p. 2

Legal principles established

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  • Courts should not be treated as the first port of call for disputes capable of resolution through other available channels such as the Police or the relevant parent Ministry

Court orders

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  1. 1.The motion (prayer 3 seeking a temporary injunction pending the hearing and determination of the suit) is dismissed
  2. 2.Each party to bear own costs

Authorities

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Legislation

  • Water Act, 2002clause 54 (sic) as referred to by the Cabinet Secretary
  • State Corporations Act, Cap 446 Laws of Kenyasections 4 and 7(3)
  • Constitution of Kenya, 2010referenced generally in the claim for declarations

Cases cited (1)

  • Giella v Cassman Brown & Bros Ltd
Jurisdiction invoked
Employment and labour relations jurisdiction of the Industrial Court (claim concerning a CEO's employment contract and interference with staff); no specific provision quoted in the judgment

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Rift Valley Water Services Board & another v Julius Lamaon & 3 others [2015] KEELRC 1241 (KLR)", Case Analysis (2015). Memorandum of Claim filed 17 February 2015 (Motion under certificate of urgency; cause number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1241/eng@2015-03-27

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.