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ELRCAllowedNotice of Motion dated 7th May, 2018 (Cause number not stated in judgment)· [2018] KEELRC 665 (KLR)

Anjeline Gumo Ojango & 29 others v Dominion Farms Limited [2018] KEELRC 665 (KLR)

Employment and Labour Relations Court
31 October 2018
293 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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This is an unopposed interlocutory application in an employment dispute before the Employment and Labour Relations Court, decided by Mathews N. Nduma, Judge, on 31st October 2018. By a Notice of Motion dated 7th May 2018 supported by the affidavit and supplementary affidavit of Gordon Otieno Ahenda, the applicants sought three principal reliefs on behalf of some thirty claimants: first, a mandatory injunction compelling the Respondent to pay cumulative terminal benefits of Kshs.14,976,002.00 to the 1st, 2nd, 5th to 27th and 29th Claimants; second, a mandatory injunction compelling payment of outstanding salary arrears for January to May 2018 totalling Kshs.1,625,267.50 to thirteen named claimants; and third, a mareva injunction preserving the Respondent's assets from dissipation or removal from the court's jurisdiction. The application was served, as shown by the Affidavit of Service of Stephen K. Muoki filed on 8th May 2018, but the Respondent did not appear or oppose it. The court found the legal requirements for the orders sought satisfied in terms of the Court of Appeal decision in Kenya Breweries Limited v Washington O. Okeyo and the classic authorities Giella v Cassman Brown and Mrao. The application was granted as prayed in terms of prayers (iii) to (vi). M/s Alinaitwe appeared for the applicant. No costs order is recorded.

Key legal issues

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01

Whether unopposed interlocutory relief by way of mandatory and mareva injunctions could issue against the Respondent

Holding

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.

Reasoning

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.

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02

The legal threshold for granting the injunctions sought

Holding

The court applied the Giella v Cassman Brown test, as reinforced in Kenya Breweries v Okeyo and Mrao, and found the legal requirements satisfied.

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.The application is granted as prayed in terms of prayers (iii) to (vi) of the Notice of Motion dated 7th May, 2018
  2. 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. 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. 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

Authorities

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Cases cited (2)

  • Kenya Breweries Limited & Another Vs Washington O. Okeyo
    Nairobi CA No. 332 of 2000 (2002) eKLR
  • Giella Vs Cassman Brown Co. Limited
Jurisdiction invoked
not stated in the judgment (inherent powers of the Employment and Labour Relations Court to grant interlocutory relief)

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, "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.