Kavanagh v Braeburn Schools Limited (Cause E568 of 2024) [2025] KEELRC 37 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether interim reinstatement can be granted as an interlocutory remedy
No - the order sought is a mandatory injunction requiring special circumstances and a clear case, and granting it would pre-empt the final determination of the suit
The court characterised the reinstatement order sought as a mandatory injunction compelling a positive act. Citing Locabail and Kenyan authorities, it held that such injunctions at the interlocutory stage require special circumstances and a clear case. The dismissal of the Claimant was contentious and required full trial; the Claimant had already been terminated, so the order would undo a completed act and have final effect, defeating the purpose of the main suit.
Whether the Claimant established a prima facie case
Yes - the Claimant established an arguable prima facie case on her allegations of unfair summary dismissal
Applying the Mrao definition, the court found the Claimant's allegations of substantive and procedural unfairness - forced negotiations, prejudiced investigations and an unfair disciplinary hearing - raised a right apparently infringed as to call for rebuttal, despite the Respondent's assertion of valid reasons under Section 45 of the Employment Act. The court stressed, however, that a prima facie case alone is insufficient for an injunction.
Whether the Claimant would suffer irreparable injury absent the injunction
No - any injury is compensable by damages and the ELRC's remedial range under Section 12(3) renders damages an adequate remedy
Applying Nguruman, the court reasoned that the remedies available under Section 12(3) of the ELRC Act - damages, reinstatement, prohibitory, specific performance and declaratory orders - meant the Claimant would be adequately compensated if her claim ultimately succeeded. She had herself sought declaratory orders and general damages in her Memorandum of Claim, confirming damages as an adequate remedy.
Legal principles established
#- An interim reinstatement order is in substance a mandatory injunction, grantable only in clear cases and where special circumstances exist, and should not be granted where it would have a final effect before the main suit is heard
- Where damages recoverable in law are an adequate remedy, no interlocutory injunction should normally be granted however strong the applicant's claim may appear
Court orders
#- 1.The Application dated July 24, 2024 is declined
- 2.Costs shall be in the cause
- 3.Parties directed to fast-track the hearing of the main suit
- Jurisdiction invoked
- Section 12(3) of the Employment and Labour Relations Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kavanagh v Braeburn Schools Limited (Cause E568 of 2024) [2025] KEELRC 37 (KLR)", Case Analysis (2025). Not stated in the judgment extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/37/eng@2025-01-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.