Anjeline Gumo Ojango & 29 others v Dominion Farms Limited [2018] KEELRC 665 (KLR)
The bottom line
#Kenya's Employment Court ordered an employer to pay workers Kshs.16.6 million and froze its assets after it ignored the lawsuit.
What this practically means
#Executive summary
#Key legal issues
#Whether unopposed interlocutory relief by way of mandatory and mareva injunctions could issue against the Respondent
The court granted the application as prayed, holding that the legal requirements for the orders sought were satisfied on the material placed before it, notwithstanding the Respondent's non-participation despite service.
The application was served as evidenced by the Affidavit of Service of Stephen K. Muoki filed on 8th May 2018, but the Respondent did not oppose it. The court proceeded undefended and, satisfied that the established tests in the Court of Appeal and high authority were met, granted prayers (iii) to (vi) of the Notice of Motion, encompassing the mandatory injunctions for terminal benefits and salary arrears and the mareva preservation order.
The legal threshold for granting the injunctions sought
The court applied the Giella v Cassman Brown test, as reinforced in Kenya Breweries v Okeyo and Mrao, and found the legal requirements satisfied.
The judgment does not set out the test in detail; it simply records that the requirements for the orders sought were satisfied in terms of the cited authorities. Because the application was undefended, the applicants' affidavits stood uncontroverted, permitting the court to find the threshold met and to grant mandatory and mareva relief as prayed.
Legal principles established
#- The grant of injunctions (including mandatory and mareva relief) is governed by the legal requirements set out in Giella v Cassman Brown, Kenya Breweries v Okeyo and Mrao.
Court orders
#- 1.The application is granted as prayed in terms of prayers (iii) to (vi) of the Notice of Motion dated 7th May, 2018
- 2.Mandatory injunction compelling the Respondent to pay the 1st, 2nd, 5th to 27th and 29th Claimants cumulative terminal benefits in the sum of Kshs.14,976,002.00
- 3.Mandatory injunction compelling the Respondent to pay the 3rd, 4th, 6th, 7th, 10th, 11th, 13th, 17th, 20th, 23rd, 28th, 29th and 30th Claimants outstanding salary arrears for January 2018 to May 2018 in the sum of Kshs.1,625,267.50
- 4.Mareva injunction preserving the Respondent's assets from dissipation or removal from the jurisdiction of the court, except for purposes of enforcing any order the court may give in the application
- Jurisdiction invoked
- not stated in the judgment (inherent powers of the Employment and Labour Relations Court to grant interlocutory relief)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Anjeline Gumo Ojango & 29 others v Dominion Farms Limited [2018] KEELRC 665 (KLR)", Case Analysis (2018). Notice of Motion dated 7th May, 2018 (Cause number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/665/eng@2018-10-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.