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ELRCDismissedCause No E392 of 2024· [2025] KEELRC 2434 (KLR)

Manyange v Independent Electoral & Boundaries Commission; University of Nairobi & another (Interested Parties) (Cause E392 of 2024) [2025] KEELRC 2434 (KLR)

Employment and Labour Relations Court
15 September 2025
1,636 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The Claimant, formerly employed by the Respondent as Manager, Delimitation of Boundaries, brought an application dated 22nd May 2024 seeking interim reliefs following the termination of her contract with effect from 2nd May 2024. The termination followed allegations that the Master's degree certificate she presented at employment was not authentic. She sought a stay of the dismissal, reinstatement, payment of salary and benefits pending trial, and an order restraining recruitment to her former position. The Respondent opposed, arguing the application invited definitive factual findings at the interlocutory stage and that a stay could not issue over an act already done. The 1st Interested Party (the degree-awarding university) confirmed the Claimant's enrolment and conferment of the Master of Arts degree in 2004 but averred that the certificate was never printed because she had not refunded a research grant following findings of misconduct, and that the certificate in circulation could not therefore be genuine. Manani J held that a court cannot issue an order to stop that which has already happened, so the stay of termination was overtaken by events. Applying Alfred Nyungu Kimungui vs Bomas of Kenya, the court held that reinstatement is a substantive remedy ordinarily granted only after full trial, particularly given the grave concerns about the certificate's genuineness. The Claimant also adduced no evidence that the position remained unfilled, defeating the recruitment restraint prayer. The application was dismissed with costs abiding the outcome of the suit.

Key legal issues

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01

Whether a stay of termination can issue post-termination

Holding

No - a stay cannot stop an act that has already occurred

Reasoning

The termination took effect on 2nd May 2024 and was communicated on 14th May 2024, before the suit was filed on 23rd May 2024. An order staying the dismissal would amount to stopping that which has already happened and would be overtaken by events and in vain.

02

Whether reinstatement is available as an interlocutory remedy

Holding

No - reinstatement is a substantive remedy to be granted after full trial

Reasoning

Relying on Alfred Nyungu Kimungui vs Bomas of Kenya (Rika J), the court held that reinstatement is ordinarily a substantive remedy, not temporary relief. Given the grave concerns raised by the 1st Interested Party over the genuineness of the Claimant's Master's degree certificate, the court could not order reinstatement at the interlocutory stage; the remedy must await full interrogation of the dispute.

p. 4
03

Whether the Respondent should be restrained from recruiting a replacement

Holding

No - the Claimant adduced no evidence that the position remained vacant

Reasoning

The Claimant sought an order stopping recruitment to her former position but did not table evidence demonstrating that the Respondent had not filled the position after the termination. Absent such evidence, the court could not issue the restraint order.

p. 4

Legal principles established

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  • A court cannot issue an order to stop that which has already happened; such an order is overtaken by events and in vain
  • Reinstatement of an employee is a substantive remedy normally granted only after full trial, not as a temporary relief

Court orders

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  1. 1.The court declines to grant the interim reliefs sought in the application dated 22nd May 2024
  2. 2.The application is dismissed
  3. 3.Costs of the application shall abide the outcome of the suit

Authorities

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Legislation

  • Employment and Labour Relations Court (Procedure) RulesRule 28(3)

Cases cited (1)

  • Alfred Nyungu Kimungui vs Bomas of Kenya
    [2013] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment disputes; ELRC Procedure Rules (Rule 28(3)) referenced

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, "Manyange v Independent Electoral & Boundaries Commission; University of Nairobi & another (Interested Parties) (Cause E392 of 2024) [2025] KEELRC 2434 (KLR)", Case Analysis (2025). Cause No E392 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2434/eng@2025-09-15

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