Jairus Katere Shiamala v Kenya National Private Security Workers Union (KNOSWU) & 3 others [2018] KEELRC 74 (KLR)
The bottom line
#A Kenyan employment court refused to award terminal benefits and compensation early in the case, ruling such final relief must wait until the full hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether mandatory/final orders can issue at the interlocutory stage
The court declined to grant the final orders sought on the Motion, holding them to be final orders reservable for the full hearing of the main claim
The court compared the prayers in the Notice of Motion with the reliefs in the main claim and found them identical, concerning withholding of terminal benefits and unlawful termination. Relying on Olive Mwihaki Mugenda v Okiya Omtata Okoiti, it held such substantive relief can only be granted at interlocutory stage in exceptional circumstances where the applicant is bound to succeed and injustice would otherwise result. No imminent injustice was demonstrated, so the application was dismissed and the main claim set down for hearing.
Whether absence of imminent injustice defeats the interlocutory application
Yes - without demonstrated imminent injustice the discretionary relief could not issue
Even accepting the Applicant's allegations of economic hardship, the court found no imminent injustice that would flow from deferring the substantive reliefs to the full hearing. The claimant's entitlements, if any, would be determined at the trial of the main claim, so granting the orders on the Motion would pre-empt the hearing.
Legal principles established
#- Final and substantive orders cannot be granted at the interlocutory stage except in exceptional circumstances where the court is satisfied the party is bound to ultimately succeed and failure to grant would cause injustice.
Court orders
#- 1.The Application dated 11th July, 2018 is dismissed
- 2.The main claim to proceed for hearing
- 3.Costs of the application to be in the cause
- Jurisdiction invoked
- Sections 3 & 12 of the ELRC Act, 2014; Rule 17 of the ELRC (Procedure) Rules, 2016; Articles 22, 23, 41, 47 and 50 of the Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jairus Katere Shiamala v Kenya National Private Security Workers Union (KNOSWU) & 3 others [2018] KEELRC 74 (KLR)", Case Analysis (2018). Notice of Motion dated 11th July, 2018 (ELRC Cause). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/74/eng@2018-12-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.