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ELRCDismissedNot stated in the judgment· [2018] KEELRC 1867 (KLR)

Gideon Kosgei Korir v Kenya National Farmers Federation [2018] KEELRC 1867 (KLR)

Employment and Labour Relations Court
30 May 2018
MNMathews N. NdumaMOMaureen Onyango
468 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Employment Court refused to order an employer to pay Kshs.1.7 million in salary arrears before a full trial, because the case wasn't clear enough.

What this practically means

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Executive summary

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By a Notice of Motion dated 17th July 2017, the Claimant sought a mandatory order of injunction compelling the Respondent to pay outstanding salary arrears of Kshs.1,755,000 or such sum as the Respondent did not dispute. The Respondent filed a replying affidavit on 24th October 2017 admitting the Claimant was its employee but denying that it owed over 20 months of arrear salary, and asserting that it had never received any verbal or written demand or complaint concerning delayed or unpaid salary, with no letter of demand annexed to the application. The court, applying the principles in Locabail International Finance Limited v Agro-Export & Another as cited in NIC Bank Limited v General Motors East Africa Limited & Another, held that a mandatory injunction is akin to a Mareva injunction, granted to conserve the status quo only in a very clear case, because it is summary in nature and effectively determines the cause of action at the interlocutory stage. Such an injunction requires special circumstances, a simple and summary act, or an attempt to steal a match, and a high sense of assurance that it would be held rightly granted at trial. The court found the facts were not indisputable and that a possible defence could be available at a full hearing. The application was therefore refused, with directions that the main suit proceed to hearing on merit, the Principal Judge to give directions, and costs reserved to the cause.

Key legal issues

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01

Whether a mandatory injunction can issue at the interlocutory stage to compel payment of alleged salary arrears

Holding

No. The court declined to grant the mandatory injunction because the case did not present the definite clarity required and the Respondent had raised a possible defence.

Reasoning

The court applied the test that a mandatory injunction is akin to a Mareva injunction at common law, granted to conserve the status quo only in a very clear case, because it is summary in nature and determines the cause of action at an interlocutory stage. The court relied on Locabail International Finance Ltd v Agro-Export as cited in NIC Bank Ltd v General Motors East Africa Ltd, requiring special circumstances, clear cases and a high sense of assurance that the injunction would be held rightly granted at trial. Finding no such clarity and a possible defence on the merits, it directed the suit to proceed to full hearing.

p. 1

Legal principles established

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  • A mandatory injunction ought not to be granted on an interlocutory application in the absence of special circumstances and only in clear cases, on a higher standard than for a prohibitory injunction

Court orders

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  1. 1.The application for a mandatory injunction is refused; the suit to proceed to hearing on merit
  2. 2.The Principal Judge to give directions on the hearing and disposal of the main suit
  3. 3.Costs in the cause

Authorities

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Cases cited (2)

  • NIC Bank Limited vs General Motors East Africa Limited & Another
    [2014] eKLR
  • Locabail International Finance Limited vs Agro-Export & Another
    [1986] 1 ALL ER 901
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment disputes (claim for outstanding salary); no specific provision cited 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, "Gideon Kosgei Korir v Kenya National Farmers Federation [2018] KEELRC 1867 (KLR)", Case Analysis (2018). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1867/eng@2018-05-30

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