Kenya Concrete, Structural, Ceramic Tiles, Woodplys & Interior Design Workers Union v Bomi Engineering and Construction Company (Cause E779 of 2023) [2023] KEELRC 3240 (KLR)
The bottom line
#Kenya's Employment Court refused to immediately reinstate 466 locked-out workers, saying reinstatement is a final remedy only granted in rare exceptional cases after a full hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant met the Giella v Cassman Brown threshold for temporary injunctive/reinstatement orders
The application failed all three limbs: no prima facie case, no demonstration of irreparable injury, and no balance of convenience in the applicant's favour
The court applied Giella v Cassman Brown and Mrao Ltd on prima facie case. It held reinstatement is a final remedy not normally granted interlocutorily absent exceptional circumstances, and the applicant furnished no evidence of grave injustice or irreparable loss incapable of monetary quantification.
Whether the application and main suit could proceed by way of documentation under rule 21
Rule 21 requires agreement of all parties or the court's own motion; the respondent objected, and the prayer was overtaken by events, so the matter proceeds to hearing
The court found rule 21 permits documentation only suo motu or by all-party agreement. The respondent preferred viva voce evidence, and the prayer had been overtaken by events since the application was already disposed of by the ruling.
Legal principles established
#- Interim reinstatement is an exceptional final remedy, available only where special circumstances such as automatically unfair grounds are shown
- A suit may proceed by way of documentation under rule 21 only by agreement of all parties or on the court's own motion
Court orders
#- 1.The applicant's notice of motion dated September 26, 2023 is dismissed
- 2.Costs shall abide the outcome of the main suit
- Jurisdiction invoked
- Sections 20(1) & (4) of the Employment and Labour Relations Court Act; rule 17(1)(2)(3) and 21 of the Employment and Labour Relations Court (Procedure) Rules, 2016; Article 41(1) & (2)(a) of the Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Concrete, Structural, Ceramic Tiles, Woodplys & Interior Design Workers Union v Bomi Engineering and Construction Company (Cause E779 of 2023) [2023] KEELRC 3240 (KLR)", Case Analysis (2023). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/3240/eng@2023-12-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.