Dinah Jemelly Kirwa v National Hospital Insurance Fund Board of Management [2020] KEELRC 766 (KLR)
The bottom line
#A Kenyan employment court blocked hiring for the claimant's old job pending trial but refused to reinstate her before hearing full evidence.
What this practically means
#Executive summary
#Key legal issues
#Whether to grant an interlocutory injunction restraining recruitment to the claimant's former position
Granted, as the respondent conceded to the injunction in terms of the interim consent order to preserve the status quo pending trial.
The respondent did not oppose the injunction restraining advertising, recruiting or hiring for the position of Director HR and Administration, having already bound itself by a recorded consent order. In light of that concession the court saw no need to belabour the point and granted the interlocutory injunction to preserve the status quo pending hearing and determination of the suit.
Whether reinstatement with back salary and benefits should be ordered at the interlocutory stage
Declined; reinstatement must await trial.
Reinstatement was also sought in the main suit and granting it would require taking and evaluating evidence. Even on the material already on record, granting the order at the interlocutory stage would effectively determine the suit before trial, so the court directed that the prayer await the trial of the suit.
Legal principles established
#- An interlocutory injunction may be granted by consent to preserve the status quo pending trial.
- An interlocutory reinstatement order that would determine the suit before trial should be refused and await trial.
Court orders
#- 1.The respondent or her agents are restrained from advertising, recruiting or hiring any other person to the position of Director HR and Administration pending the hearing and determination of this suit.
- 2.Costs of the application shall be in the cause.
- Jurisdiction invoked
- Section 3 & 12(3)(i)(ii)(iv) & (v) of the ELRC Act and Rule 17 of the ELRC (Procedure) Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Dinah Jemelly Kirwa v National Hospital Insurance Fund Board of Management [2020] KEELRC 766 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/766/eng@2020-06-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.