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ELRCDismissedNot stated in the judgment

Mukuha v Judicial Service Commission (Cause E718 of 2025) [2025] KEELRC 2954 (KLR)

Employment and Labour Relations Court
30 October 2025
2,009 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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The Employment Court refused to reinstate a Tax Appeals Tribunal member whose contract had expired, ruling that money damages could adequately cover her loss.

What this practically means

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Executive summary

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This is a ruling on the Claimant's Notice of Motion dated 29th July 2025, in which she sought a mandatory interlocutory injunction compelling the Judicial Service Commission to renew her appointment as a Member of the Tax Appeals Tribunal (Legal) Grade E2 and reinstate her for the period in her letter of appointment dated 7th July 2022. Her three-year fixed-term contract, renewable once, lapsed on 1st July 2025 without renewal. She claimed legitimate expectation of renewal and alleged age-based discrimination, noting she was 59 while other Tribunal members allegedly recruited at ages 60 to 68 were retained, and she quantified her loss at Kshs. 18,954,864 in income and Kshs. 6,318,288 in gratuity. The Respondent maintained that the letter of 6th February 2025 merely initiated a discretionary review process, that renewal was reserved to its discretion, and that its decision was guided by the mandatory retirement age policy under section 25(1) of the Judicial Service Act. Makau J framed the sole issue as whether the court should compel renewal pending trial. Applying Giella v Casman Brown and the principles on mandatory interlocutory injunctions in Kenya Breweries Ltd v Washington Okenyo, the court found no prima facie case, held that the quantified loss was compensable in damages and hence not irreparable, and found no exceptional or unique circumstances. The motion was dismissed with costs on 30th October 2025, the entitlement to renewal being left for trial.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the court should compel the Respondent to renew the Claimant's appointment as a member of Tax Appeals Tribunal (Legal) Grade E2 pending trial of the suit
  2. 2.Whether the Claimant established a prima facie case with high probability of success
  3. 3.Whether the Claimant would suffer irreparable harm if the order is withheld
  4. 4.Whether special and exceptional circumstances exist to warrant an interlocutory mandatory injunction

Key legal issues

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01

Prima facie case

Holding

The Claimant failed to show, on the face value of the material, that her legal rights were violated by the non-renewal of her contract

Reasoning

The fixed-term contract lapsed by effluxion of time before the suit and was not renewed. The court held that at the interlocutory stage it only considers whether the material shows on face value an apparently breached right. The Claimant's claims of legitimate expectation and age discrimination were not established on the material presented; entitlement to renewal is a matter for trial.

p. 4
02

Irreparable harm

Holding

The Claimant's loss was fully quantified and compensable by damages, so it was not irreparable

Reasoning

The Claimant herself quantified her claimed loss as Kshs. 18,954,864 in income and Kshs. 6,318,288 in gratuity. There was no evidence the Respondent could not pay. Since damages were an adequate remedy, the irreparable harm threshold for an interlocutory injunction failed.

p. 4
03

Exceptional circumstances for mandatory interlocutory injunction

Holding

None demonstrated; the Respondent acted within its contractual rights

Reasoning

Applying Kenya Breweries Ltd v Washington Okenyo, a mandatory interlocutory injunction requires special circumstances or a case where the defendant is stealing a match. The court found neither; the evidence showed the Respondent acted within its contractual rights and did not breach the lapsed contract.

p. 5

Legal principles established

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  • An interlocutory mandatory injunction is not normally granted unless the applicant demonstrates exceptional and unique circumstances, in addition to the Giella principles
  • Where a loss is quantifiable in damages and the defendant is capable of paying, the harm is not irreparable and no interlocutory injunction should issue

Court orders

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  1. 1.Dismissal of the Claimant's Notice of Motion dated 29th July 2025
  2. 2.Costs of the application awarded to the Respondent

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment dispute (statutory basis not expressly stated in the ruling)

Relief refused

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Order compelling the Respondent to renew the Claimant's appointment and reinstate her for the period in the letter of appointment dated 7th July 2022

The Claimant failed to demonstrate a prima facie case with probability of success, irreparable harm, or exceptional and unique circumstances justifying an interlocutory mandatory injunction

p. 5

Costs of the application

Costs followed the event and were awarded to the successful Respondent

Costs

The Notice of Motion dated 29th July 2025 was dismissed with costs (to the Respondent).

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

I have found that the Applicant has not met the threshold for granting mandatory interlocutory injunction. She has failed to prove a prima facie case with high probability of success; that she will sufier irreparable loss if injunction is declined; and that special and exceptional circumstances exists to warrant a positive injunction against the Respondent. Consequently, I dismiss the Notice of Motion dated 29th July 2025 with costs.
p. 5Final orders and disposition
I am not satisfied, on the face value, that the applicant has demonstrated that any of her legal rights were violated by the Respondent's failure to renew her contract for three years after the lapse of the initial contract on 1st July 2025.
p. 4No prima facie case established
It follows that the loss she stands to sufier will not be irreparable.
p. 4Adequacy of damages
the evidence adduced show that the Respondent acted within its contractual rights and never breached the lapsed contract of employment.
p. 5Employer's contractual rights on non-renewal

Issues in the judgment

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minor

The judgment refers to a decision letter dated 26th June 2025 in the Claimant's pleadings but to a letter dated 20th June 2025 in the Respondent's affidavit; the dates conflict

minor

The Claimant pleaded that she is 59 years old and below the statutory retirement age, while the Respondent relied on the mandatory retirement age of 60 years for Judiciary Officers; this factual conflict was not resolved at the interlocutory stage

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, "Mukuha v Judicial Service Commission (Cause E718 of 2025) [2025] KEELRC 2954 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2954/eng@2025-10-30

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