Mwondi v St Damiano Mission Hospital (Employment and Labour Relations Claim E016 of 2024) [2025] KEELRC 248 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the claimant established a prima facie case warranting an interlocutory injunction against termination by redundancy
No. The termination had already taken effect upon lapse of the redundancy notice on 31st October, 2024; staying it would enforce a non-existent contract and amount to reinstatement at an interlocutory stage, prejudging the merits.
The court applied Giella v Cassman Brown. It held that although Section 40 of the Employment Act procedural guarantees applied to the claimant, determining substantive justification at the interlocutory stage would delve into the merits. Citing Joab Mehta Oudia v Coffee Development Board of Trustees, the court held that once termination has occurred there is nothing to stay, and reversing it interlocutorily would conclusively determine the case without full ventilation of both parties' positions.
Whether the claimant would suffer irreparable harm not compensable by damages
No. The claimant was on a fixed-term contract running to 1st July, 2026, so damages or compensation under Section 12(3) of the ELRC Act would be adequate.
The court noted the claimant was employed on a three-year fixed-term contract. If the termination were ultimately found unlawful, an award of damages or compensation would suffice, and Section 12(3) of the Employment and Labour Relations Court Act guarantees the claimant a remedy. Irreparable harm was therefore not demonstrated.
Where the balance of convenience lies
Interfering with the employer's decision and stopping the termination at an interlocutory stage would amount to prejudging the cause.
The court held that stopping the termination at an interlocutory stage would prejudge the outcome of the main claim, since the employer's decision to declare the position redundant was already made and was a matter within its discretion in human resources management to be tested at the full hearing.
Legal principles established
#- Once termination of employment has already occurred, there is nothing left to stay; an injunctive or conservatory order would amount to setting aside the termination at an interlocutory stage and conclusively determining the case without a full hearing.
- A court should not stay the termination of an employee at an interlocutory stage as that would unduly interfere with an employer's decision in human resources management before considering the entire cause on merits.
Court orders
#- 1.The notice of motion dated 30th October, 2024 seeking an interlocutory injunction is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court Act, Section 12 (employment and labour relations jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwondi v St Damiano Mission Hospital (Employment and Labour Relations Claim E016 of 2024) [2025] KEELRC 248 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/248/eng@2025-01-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.