Caselaw

REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU CAUSE NO. 21 OF 2018 (Before Hon. Justice Mathews N. Nduma) WILFRED NYABUTO RIANGA........................................................CLAIMANT VERSUS COUNTY PUBLIC SERVICE BOARD, KISII COUNTY....1ST RESPONDENT COUNTY SECRETARY, KISII COUNTY.............................2ND RESPONDENT RULING 1. Claimant filed an application dated 18th January, 2018 seeking to stop operationalization of the letter of dismissal from service dated 13 th December, 2017. Interim orders were granted on 24th January, 2018. Replying Affidavit was filed on 12th February, 2018. The Claimant filed written submissions on 1st July, 2018 whereas the Respondent filed submissions on 17th October, 2018. 2. Upon consideration of the deposition by the Claimant and the Respondent and the submissions on the disputed facts and points of law by the parties, the court is satisfied that the applicant has not satisfied the requirements for grant of an interim inunction set out in the case of Giella v Cassman Brown Limited in that a prima facie case with probability of success has not been made out and that the balance of convenience is in favour of vacating the interim order granted on 24 th January, 2018. By the time the application was filed, the Claimant/Applicant had already been dismissed from his employment with effect from 1 st February, 2017. 3. The merits and de-merits of the case may only be canvassed and determined upon hearing the main suit. 4. Accordingly, the application is dismissed. The matter to proceed to full hearing on the merits. Ruling Dated and Signed and Delivered in Kisumu this 17th day of January , 2019 Mathews N. Nduma Judge Appearances N. E. Mogusu & Associates for Claimant Anne Babu & Co. Advocates for the 1st and 2nd Respondents Chrispo – Court Clerk