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ELRCDismissedCause No E776 of 2022· [2023] KEELRC 768 (KLR)

Mbugua v Geothermal Development Co. Ltd (GDC) (Cause E776 of 2022) [2023] KEELRC 768 (KLR)

Employment and Labour Relations Court
28 March 2023
DMD K Njagi Marete
897 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 refused to stop an employee's disciplinary process, ruling that courts rarely intervene in workplace discipline without compelling reasons.

What this practically means

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Executive summary

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The Claimant/Applicant moved the court by Notice of Motion dated October 25, 2022 seeking a temporary injunction restraining the Respondents from proceeding with summons, disciplinary action and process, and any contemplated termination or dismissal from employment, pending determination of a report to the Director of Criminal Investigations for misappropriation of public funds against Members of the Trustees of the Respondent's Retirement Benefit Scheme. The Claimant contended that the show-cause actions were illegal, malicious and aimed at terminating his employment. The Respondent opposed through a Replying Affidavit dated November 11, 2022, arguing that the officer-in-charge acted within her mandate; that the suit improperly mixed allegations concerning an independent Retirement Benefits Scheme with the Claimant's duties to the Respondent; that the disciplinary process was properly instituted under the law with the Claimant free to defend himself; and that the Claimant had failed to demonstrate a prima facie case or irreparable harm. The court held that courts should not interfere with disciplinary processes absent compelling reasons, should not convert themselves into managers of the workplace, and that the relief sought was not deliverable given the lack of legal relationship between the Respondent and the Scheme. The application was dismissed on March 28, 2023 with each party bearing their own costs.

Key legal issues

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Whether an interlocutory injunction could issue to halt a disciplinary process pending criminal investigations against third parties (the Scheme's Trustees)

Holding

No. The application did not meet the threshold for interlocutory relief and the relief sought was not deliverable given the absence of a legal relationship between the Respondent and the Scheme.

Reasoning

The court reasoned that courts do not interfere with disciplinary processes unless compelling reasons exist, and do not convert themselves into managers of the workplace. The claimant sought to pre-empt disciplinary proceedings until criminal issues against the Scheme's directors were determined, but there was no legal relationship between the Respondent and the Scheme, making the relief sought incapable of being granted.

p. 3

Legal principles established

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  • Courts should not interfere with an employer's disciplinary process unless there are compelling reasons to do so
  • Courts should not assume the role of workplace managers or supervisors of employer disciplinary authority

Court orders

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  1. 1.Application dated October 25, 2022 dismissed
  2. 2.Each party to bear their own costs of the application
Jurisdiction invoked
Original employment and labour relations jurisdiction of the Employment and Labour Relations Court

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, "Mbugua v Geothermal Development Co. Ltd (GDC) (Cause E776 of 2022) [2023] KEELRC 768 (KLR)", Case Analysis (2023). Cause No E776 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/768/eng@2023-03-28

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