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ELRCDismissedApplication dated 14th October 2020 (Claim of even date not stated in judgment)· [2020] KEELRC 131 (KLR)

Stephen Gachie Macharia v Registered Trustees of the Sisters of Mercy (Kenya) t/a “Mater Misericordiae Hospital [2020] KEELRC 131 (KLR)

Employment and Labour Relations Court
11 December 2020
JRJames Rika
238 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan employment court refused to reinstate a sacked worker before full trial, saying reinstatement needs exceptional circumstances proven at a full hearing.

What this practically means

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Executive summary

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In the Employment and Labour Relations Court at Nairobi, James Rika, Judge, delivered a brief ruling on 11th December 2020 on the Claimant's application dated 14th October 2020, in which the Claimant sought, among other orders, an order setting aside the letter of termination dated 29th September 2020 (termination having been on account of redundancy) and an order of reinstatement. The application was supported by the Claimant's affidavit sworn on 14th October 2020 and was argued on 11th December 2020 in the absence of Counsel for the Respondent, who later explained he had thought the hearing would proceed virtually; the Court nonetheless allowed the Respondent to file submissions. The Respondent relied on an affidavit of its Legal Services Manager, Everlyn M. Maina, sworn on 9th November 2020. The Court found that the orders sought were substantive orders best considered upon full trial, and that no exceptional circumstances had been shown to warrant reinstatement based on affidavit evidence. It noted that if the Claimant established his claim at full trial, he could obtain reinstatement with back pay. The Court accordingly declined the application, directed that the claim be processed for full hearing, and made no order on costs.

Key legal issues

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Whether reinstatement and setting aside termination can be granted at the interlocutory stage on affidavit evidence

Holding

No. These are substantive orders best considered after full trial; if the Claimant proves his case at trial he can obtain reinstatement with back pay.

Reasoning

The court treated the setting aside of a termination letter and reinstatement as substantive remedies that should not be granted on affidavit evidence. Reinstatement is an exceptional remedy; the Claimant did not demonstrate exceptional circumstances justifying its grant at the interlocutory stage. The proper course was to allow the claim to proceed to full hearing, where the Claimant could earn reinstatement with back pay if the claim was merited.

p. 1

Legal principles established

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  • Reinstatement on an interim basis requires exceptional circumstances demonstrated on affidavit evidence; otherwise it is reserved for determination after full trial.

Court orders

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  1. 1.The Application dated 4th October 2020 filed by the Claimant is declined
  2. 2.The Claim shall be processed for full hearing
  3. 3.No order on the costs
Jurisdiction invoked
Not stated in the judgment (Employment and Labour Relations Court, order under ELRC procedure)

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, "Stephen Gachie Macharia v Registered Trustees of the Sisters of Mercy (Kenya) t/a “Mater Misericordiae Hospital [2020] KEELRC 131 (KLR)", Case Analysis (2020). Application dated 14th October 2020 (Claim of even date not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/131/eng@2020-12-11

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