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ELRCOtherCause No. 8 of 2020· [2020] KEELRC 1095 (KLR)

Peter Nyamari Nyakondo v Maasai Mara University [2020] KEELRC 1095 (KLR)

Employment and Labour Relations Court of Kenya
30 March 2020
MMM. Mbaru
314 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court temporarily blocked Maasai Mara University from retiring an employee while his legal challenge is pending.

What this practically means

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Executive summary

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This is an interim orders ruling of the Employment and Labour Relations Court at Nakuru in an employment cause filed by Peter Nyamari Nyakondo against Maasai Mara University. The claimant moved the court by a Notice of Motion dated 12th February, 2020, supported by a Certificate of Urgency dated 23rd March, 2020, a Notice of Motion, grounds and a Supporting Affidavit, in a dispute arising from a letter and Notice of Retirement dated 5th December, 2019 directing that his retirement take effect from 30th June, 2020, and a further letter and notice of retirement dated 3rd March, 2020 directing him to proceed on leave. The court noted that a previous direction to mention the matter on 18th March, 2020 had been overtaken by the Chief Justice's directions of 15th March, 2020 suspending court operations due to the COVID-19 pandemic. The court directed both parties to maintain the status quo as per the letter and notice dated 3rd March, 2020, fixed mention for 30th April, 2020 for further directions, ordered the Deputy Registrar to serve the orders on the parties by email, and provided that notice would issue for the hearing of the Motion and Memorandum of Claim. The order itself was to be delivered via email in view of the COVID-19 restrictions. This is not a final determination of the claim; no costs order was made.

Key legal issues

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01

Preservation of the status quo pending hearing of the Notice of Motion

Holding

The court directed both parties to maintain the status quo as per the letter and notice dated 3rd March, 2020, pending further directions

Reasoning

The court considered the claimant's application and supporting affidavit, together with the notices of retirement dated 5th December, 2019 and 3rd March, 2020, and issued interim orders preserving the position created by the 3rd March 2020 notice. The matter was then fixed for mention for further directions, the earlier mention having been overtaken by the Chief Justice's COVID-19 directions of 15th March, 2020.

p. 2

Legal principles established

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  • Where court operations are suspended, interim directions may be issued and served electronically on the parties

Court orders

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  1. 1.Both parties to maintain the status quo as per the letter and notice dated 3rd March, 2020
  2. 2.Mention on 30th April, 2020 for parties to take further directions
  3. 3.The Deputy Registrar to serve both parties with the orders and directions via email
  4. 4.Notice to the parties on the hearing of the Notice of Motion and the Memorandum of Claim if the mention date cannot take effect
  5. 5.Order to be delivered to the parties via emails in view of COVID-19 court operations restrictions
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over the employment dispute (Memorandum of Claim; Notice of Motion dated 12th February, 2020)

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, "Peter Nyamari Nyakondo v Maasai Mara University [2020] KEELRC 1095 (KLR)", Case Analysis (2020). Cause No. 8 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1095/eng@2020-03-30

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