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ELRCDismissedNot stated in the judgment provided· [2025] KEELRC 1535 (KLR)

Obonyo v Nyanchwa Adventist Mission Hospital Board (Appeal E006 of 2025) [2025] KEELRC 1535 (KLR)

Employment and Labour Relations Court
28 May 2025
NMNzioki wa Makau
1,511 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~6 min to read original · ~4 min brief

The bottom line

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A Kenyan employment court dismissed a suspended CEO's bid for reinstatement because he first had to use his employer's internal complaint channels.

What this practically means

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Executive summary

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This was a ruling on the Claimant/Applicant's application dated 21st February 2025 seeking reinstatement as the Respondent's Chief Executive Officer and Medical Director, payment of salaries and contractual statutory dues, orders stopping recruitment to his position, and an injunction restraining implementation of his suspension and continuation of disciplinary proceedings, pending the hearing of the suit. The Claimant argued that his suspension following a Zoom meeting of 19th February 2025 was unjustified, that no charges or reasons were given, and that open-ended suspension amounted to indirect punishment and constructive dismissal, citing authority on indefinite suspension. The Respondent, through a replying affidavit sworn by board member Mr. Paul Gwaro, defended the suspension as necessary to facilitate investigations into allegations that the Claimant irregularly renewed workers' contracts without authorisation and inappropriately released confidential documents, including a contract with the Social Health Authority. It also contended that the application offended the exhaustion doctrine because it was filed before the internal dispute resolution mechanisms set out in the suspension letter had been utilised. The Respondent identified two issues: compliance with the exhaustion doctrine and the merit of the application, relying on Article 159(c) of the Constitution, sections 41 and 44 of the Employment Act, and authorities on exhaustion and the high threshold for mandatory injunctions. The Court held that the power to suspend is the employer's prerogative, that the Claimant should first have pursued remedial action through workplace channels before invoking the Court, and that courts are wary of interfering with managerial prerogatives absent breach of law or employer policy. The motion was dismissed with each party bearing their own costs.

Key legal issues

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01

Exhaustion of internal remedies before approaching the Court

Holding

The Claimant moved the Court prematurely, within days of suspension, before exhausting the internal dispute resolution mechanisms outlined in the suspension letter

Reasoning

The Court held that suspension is an employer's prerogative intended to cool off the situation or facilitate investigations, and that courts are wary of interfering with managerial prerogatives except where there is breach of the law or the employer's human resource policies. Because the motion was filed before the internal mechanisms in the suspension letter had been exhausted, the Claimant should first have sought remedial action through workplace channels.

p. 3
02

Whether the interlocutory relief (reinstatement and injunctions) was merited

Holding

The application was dismissed; the mandatory injunctions and reinstatement were not justified at the interlocutory stage

Reasoning

The Respondent argued, citing authority, that mandatory injunctions require a higher threshold than prohibitory ones and are granted only in exceptional circumstances where a party is prima facie on the wrong. Weighing the exhaustion failure, the gravity of the allegations, and the opportunity afforded the Claimant to be heard, the Court found the prayers unmerited and dismissed the motion with no order as to costs.

p. 3

Legal principles established

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  • The power to suspend an employee is a managerial prerogative of the employer, but suspension must be for a defined period
  • An employee should ordinarily exhaust internal dispute resolution mechanisms before invoking the court's jurisdiction

Court orders

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  1. 1.Motion is dismissed
  2. 2.each party bears their own costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment disputes (Constitution Article 162(2) scheme; not expressly cited in the extract)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Obonyo v Nyanchwa Adventist Mission Hospital Board (Appeal E006 of 2025) [2025] KEELRC 1535 (KLR)", Case Analysis (2025). Not stated in the judgment provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1535/eng@2025-05-28

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.