Sister Sarah Adipo v Teachers Service Commission [2019] KECA 619 (KLR)
- Court
- Court of Appeal
- Case number
- 619
- Citation
- [2019] KECA 619 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for injunction pending the hearing and determination of an intended appealCoramM.N. Nderi, OTIENO-ODEK
Holding
The Court grants an injunction pending the hearing and determination of the intended appeal.
Facts
The applicant, Sister Sarah Adipo, was employed as a teacher by the respondent, Teachers Service Commission. The respondent served her with a letter of interdiction citing insubordination, infamous conduct, and forgery/corrupt deals. The applicant alleged the decision was made unilaterally and unprocedurally.
Issues
- Whether the applicant's appeal is arguable
- Whether the intended appeal would be rendered nugatory if the injunction is not granted
- Whether it is in the public interest to grant an injunction
Reasoning
The Court considers the principles under Rule 5(2)(b) of the Court of Appeal Rules and the Supreme Court's decisions. The applicant has demonstrated an arguable appeal and that the intended appeal would be rendered nugatory if the order is not granted.
Outcome
The Court grants an injunction.
Orders
- Grant an injunction pending the hearing and determination of the intended appeal
Remedies
- Injunction
Authorities cited
Cases cited (6)
- Deynes Muriithi & 4 others - v - Law Society of Kenya & another [2016] eKLR
- Teachers Service Commission –v- Kenya National Union of Teachers and 3 Others, Sup. Ct Application No. 6 of 2015; [2015] eKLR
- Stanley Kang'ethe Kinyanjui v. Tony Ketter & 5 Others, Civil Application No. NAI 31/2012
- Damji Pragji Mandavia - v - Sara Lee Household & Bodycare (K) Ltd , Civil Application No. NAI 345 of 2004
- Attorney General -v- Okiya Omtatah Okoiti & another [2019] eKLR
- Gitirau Peter Munya vs. Dickson Mwenda Kithiji & 2 Others [2014] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…