Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedNot stated in the judgment· [2019] KEELRC 2244 (KLR)

Nandeka Dora Anyango v Teachers Service Commmission [2019] KEELRC 2244 (KLR)

Employment and Labour Relations Court
14 February 2019
536 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court discharged interim orders protecting a demoted principal, finding they were obtained through misrepresentation and fake medical documents.

What this practically means

#

Executive summary

#
This is an interlocutory ruling of the Employment and Labour Relations Court delivered by Mathews N. Nduma, Judge, on 14th February 2019. The claimant, a principal who had been interdicted by letter dated 5th June 2018, moved the court by Notice of Motion dated 8th June 2018 seeking an injunction suspending the contents of the demotion letter pending hearing of the main cause. She attributed her failure to attend handovers of Nyakach Girls High School to illness, producing a hospital letter and sick sheet showing admission at Jaramogi Oginga Odinga Referral Hospital. The respondent countered that she deliberately failed to attend scheduled handovers, that the handover was done in her absence, and that the hospital had written on 21st and 24th May 2018 stating the medical report and letter she relied on were fake. The respondent maintained the interdiction was a disciplinary measure, not a demotion, and that the interim orders had been obtained by misrepresentation and were causing hardship. The court found that the interim orders were obtained through misrepresentation and concealment of material facts, held that the applicant had not met the requirements for conservatory orders as set out by the Supreme Court in Munya and in Giella v Cassman Brown, and dismissed the application. The interim orders were discharged pending hearing and determination of the main suit, with the court declining to injunct the pending disciplinary process. No costs order is recorded.

Key legal issues

#
01

Whether interim orders obtained on 8th June 2018 should stand

Holding

They were obtained through misrepresentation and concealment of material facts and are discharged

Reasoning

The court considered both parties' depositions. The respondent showed the applicant failed to attend scheduled handovers of Nyakach Girls High School on multiple dates, and that the hospital whose medical documents the applicant relied on wrote stating her medical report and letter were fake. On this basis the court found the interim orders were procured by misrepresentation and concealment and discharged them.

p. 2
02

Whether the requirements for conservatory orders were met

Holding

They were not; the Giella v Cassman Brown and Munya tests were not satisfied

Reasoning

The court applied the established test for conservatory orders from Giella v Cassman Brown and the Supreme Court decision in Munya. Finding the applicant had not satisfied those requirements, and given the concealment of material facts, the court declined to continue the interim protection or to halt the disciplinary process pending the main suit.

p. 2

Legal principles established

#
  • An applicant for conservatory orders must meet the test set out in Giella v Cassman Brown and as set out by the Supreme Court in the Munya case

Court orders

#
  1. 1.The interim orders are discharged pending the hearing and determination of the main suit

Authorities

#

Cases cited (1)

  • Giella vs Cassman Brown Ltd
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over a claimant's interlocutory application (Notice of Motion dated 8th June 2018)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Nandeka Dora Anyango v Teachers Service Commmission [2019] KEELRC 2244 (KLR)", Case Analysis (2019). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2244/eng@2019-02-14

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