Ogada v Multimedia University of Kenya (Cause E1036 of 2023) [2024] KEELRC 1284 (KLR)
The bottom line
#A Kenyan employee who won on a prima facie case still lost his injunction because money could compensate him for the lost years of employment.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant established a prima facie case
The court was persuaded that a prima facie case was demonstrated on the alleged threatened infringement of fair labour practices
The applicant's case was that the retirement notice dated 6th February 2024 rested on an erroneous date of birth in his old identity card, since corrected by the State Department of Interior which issued a new identity card and birth certificate. On that material the court found the applicant's constitutional right to fair labour practices appeared threatened with infringement, satisfying the first Giella condition.
Whether the Applicant demonstrated irreparable injury not compensable by damages
The applicant failed to demonstrate irreparable injury; the second Giella condition was not met
Although the applicant alleged he would lose seven years of gainful employment, the court found he did not demonstrate the injury or loss likely to be suffered if the injunction was not granted, nor that damages would be an inadequate remedy. Loss of income over the remainder of a contemplated employment term is ordinarily measurable and compensable in damages.
Whether the balance of convenience favoured the Applicant
The applicant did not show comparative inconvenience, so the third condition also failed
Applying the test that the plaintiff must show the inconvenience of withholding the injunction would exceed that of granting it, the court found the applicant had not demonstrated the comparative mischief or that he would suffer more. Having failed both the second and third limbs, the application for a temporary injunction could not succeed.
Legal principles established
#- The grant of an injunction is an exercise of judicial discretion having regard to the totality of the circumstances
- The conditions for an interlocutory injunction are a prima facie case with probability of success, irreparable injury not compensable in damages, and balance of convenience if in doubt
Court orders
#- 1.The Applicant's Notice of Motion dated 15th December, 2023 is dismissed
- 2.The interim orders are vacated
- 3.Parties shall bear their own costs
- Jurisdiction invoked
- Not expressly stated; application brought under Section 3A of the Civil Procedure Act; delivery by virtual means grounded on Article 159(2)(d) and Article 48 of the Constitution and Section 1B of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ogada v Multimedia University of Kenya (Cause E1036 of 2023) [2024] KEELRC 1284 (KLR)", Case Analysis (2024). Cause No E1036 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1284/eng@2024-05-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.