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ELRCDismissedMotion dated 6 February 2019· [2019] KEELRC 1958 (KLR)

Lucien Kouakou v International Planned Parenthood Federation & another [2019] KEELRC 1958 (KLR)

Employment and Labour Relations Court
26 March 2019
RSRadido Stephen
2,134 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 min to read original · ~4 min brief

The bottom line

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The Employment Court refused to stop CARE International from restarting a disciplinary hearing against its former Regional Director, ruling he showed no case for emergency orders.

What this practically means

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Executive summary

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The applicant, Regional Director Africa of the 1st Respondent, moved the Court by urgent motion on 6 February 2019 seeking interim orders: injunctions restraining the respondents from publishing or propagating allegations arising from a disciplinary process, an order staying his suspension so he could resume duties, and an injunction halting a fresh disciplinary hearing scheduled for 7 February 2019 on fraud allegations. The background was that investigations beginning in August 2018 substantiated only bullying allegations; fraud allegations were later raised, a disciplinary hearing was held in London, and the applicant was summarily dismissed in November 2018. His appeal was upheld because he had not been given the full investigations report, in breach of the Disciplinary Policy, and a fresh hearing was directed for 7 February 2019. The Court applied the Giella v Cassman Brown test. It found the applicant had not shown the respondents caused the media publications, so the publication injunctions failed. The suspension was permitted under clause 5 of the Disciplinary Policies and Procedures Manual, so it could not be stayed. The fresh hearing was properly directed by the Appeal Panel following procedural lapses by the respondent, and no legal violation arose. The Court held the applicant demonstrated no prima facie case and dismissed the application with costs to the 1st Respondent on 26 March 2019.

Key legal issues

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01

Prima facie case for temporary injunction

Holding

The applicant failed to demonstrate a prima facie case warranting any of the orders sought

Reasoning

The applicant could not link the respondents to the newspaper publications, could not show the suspension breached any contractual or legal provision, and could not show that a fresh disciplinary process directed after an appeal upheld on procedural grounds violated his rights. Having failed at the first Giella limb, the interlocutory orders could not issue.

p. 4
02

Fresh disciplinary process after appeal

Holding

A fresh hearing directed by an Appeal Panel due to procedural lapses does not violate the employee's rights

Reasoning

The fraud allegations were never part of the initial 13 August 2018 notice, and the initial process was aborted because the applicant had not been furnished with the full investigations report. The Appeal Panel acted within the Disciplinary Policy in directing a fresh hearing, so no contractual or legal violation arose from recommencing the process.

p. 4

Legal principles established

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  • Interlocutory injunctions in employment disputes must satisfy the Giella v Cassman Brown threshold
  • A party seeking to stay or lift a suspension must demonstrate that it violated the terms of employment or some law

Court orders

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  1. 1.The application dated 6 February 2019 dismissed with costs to the 1st Respondent

Authorities

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Cases cited (1)

  • Giella v Cassman Brown & Company Ltd
    (1973) EA 358
Jurisdiction invoked
Employment and Labour Relations Court original jurisdiction over employment disputes

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, "Lucien Kouakou v International Planned Parenthood Federation & another [2019] KEELRC 1958 (KLR)", Case Analysis (2019). Motion dated 6 February 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1958/eng@2019-03-26

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