Ezekiel Otiende & 2 others v Principal Secretary, Ministry of Interior and Cordination of National Government & another [2015] KEELRC 1262 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Prima facie case
The claimants' allegations of breach of due process and denial of opportunity to cross-examine EACC undercover officers raise serious triable issues and pass the prima facie test
The court performed a limited evidentiary analysis appropriate at the interlocutory stage. The claimants' complaints - that interdiction preceded receipt of evidence, that dismissal letters made no reference to their defences, and that they were denied cross-examination of the EACC officers - were serious allegations requiring proof at trial, sufficient to constitute triable issues.
Adequacy of damages
Damages would be an adequate remedy if the claimants ultimately succeed, so the injunction failed at the second Giella test
The claimants sought a declaration of nullity, reinstatement or compensation. The court noted its power to order compensation under the Employment Act and article 23 of the Constitution, and applying the trust-and-confidence rationale in Hill v. Parsons held that in this case damages would suffice, defeating the injunction application.
Delay
The unexplained inordinate delay of over three months in filing the application disentitled the claimants to the equitable remedy of injunction
The claimants were dismissed with effect from 27th January 2014 and filed the application on 12th November 2014 without explanation. Since injunction is equitable, due diligence was required; the internal appeal process did not excuse the delay nor oust the court's jurisdiction to act earlier.
Legal principles established
#- For an interlocutory injunction the applicant must show a prima facie case with probability of success; failing which, inadequacy of damages, or a balance of convenience
- An injunction is an equitable remedy granted to a party who exercises due diligence and acts with speed
- The court's jurisdiction to grant an injunction or conservatory order is not ousted by an internal appeal process
- Under section 45 of the Employment Act, termination is unfair if the employer fails to prove a valid and fair reason and fair procedure
Court orders
#- 1.The interlocutory injunction application dated 12th November 2014 is dismissed with costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over the employment dispute; interlocutory injunction sought under certificate of urgency
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ezekiel Otiende & 2 others v Principal Secretary, Ministry of Interior and Cordination of National Government & another [2015] KEELRC 1262 (KLR)", Case Analysis (2015). Cause No 2012 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1262/eng@2015-03-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.