Kenya National Union of Medical Laboratory Officers & another v Attorney General & 2 others; Kiiru & 4 others (Interested Parties) (Employment and Labour Relations Petition E239 of 2023) [2024] KEELRC 1294 (KLR)
The bottom line
#The High Court dismissed a bid to block two Health Ministry deployments, ruling the petitioners failed to prove harm that money cannot fix.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicants established a prima facie case warranting a temporary injunction
Yes - a prima facie case was raised on qualifications of the Interested Parties, but this alone was insufficient
The court accepted that the petitioners raised genuine questions about the qualifications of the Interested Parties and the criteria used by the Respondents in their appointment, which must be interrogated at the main hearing. However, following Giella and Nguruman, establishing a prima facie case is not sufficient on its own; the applicant must also prove irreparable injury not compensable in damages. At interlocutory stage no conclusive findings of fact are made.
Whether the Applicants would suffer irreparable damage absent the injunction and stay
No - the Applicants failed to prove irreparable damage not compensable monetarily
The court found that the Applicants failed to demonstrate damage that cannot be compensated monetarily, particularly because the 1st and 2nd Interested Parties were deployed (not newly appointed) and had served in similar positions even before the deployment. Without proof of irreparable harm, neither the injunction nor the stay of the Deployment Order could be granted, and the application was dismissed as premature and unmerited.
Legal principles established
#- The three Giella/Cassman Brown conditions for interlocutory injunction must be surmounted sequentially, and at interlocutory stage the court makes no conclusive findings of fact or law on contradictory affidavit evidence
Court orders
#- 1.The Notice of Motion dated 18th December 2023 is dismissed
- 2.Costs will be in the cause
- Jurisdiction invoked
- Constitutional petition jurisdiction (Court eschewing technicalities under Article 159(2)(d) and access to justice under Article 48)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Union of Medical Laboratory Officers & another v Attorney General & 2 others; Kiiru & 4 others (Interested Parties) (Employment and Labour Relations Petition E239 of 2023) [2024] KEELRC 1294 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1294/eng@2024-05-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.