Manyange v Independent Electoral & Boundaries Commission; University of Nairobi & another (Interested Parties) (Cause E392 of 2024) [2025] KEELRC 2434 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether a stay of termination can issue post-termination
No - a stay cannot stop an act that has already occurred
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.
Whether reinstatement is available as an interlocutory remedy
No - reinstatement is a substantive remedy to be granted after full trial
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.
Whether the Respondent should be restrained from recruiting a replacement
No - the Claimant adduced no evidence that the position remained vacant
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.
Legal principles established
#- 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
#- 1.The court declines to grant the interim reliefs sought in the application dated 22nd May 2024
- 2.The application is dismissed
- 3.Costs of the application shall abide the outcome of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes; ELRC Procedure Rules (Rule 28(3)) referenced
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.