Maurice Milimu Amahwa v Kenya Ports Authority [2014] KEELRC 1131 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1131
- Citation
- [2014] KEELRC 1131 (KLR)
- Decided
- 11 July 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureAppeal from a decision of the Industrial Court of KenyaCoramMrs. Nyange, Mr. Sangoro
Holding
The Court granted injunctive relief pending an investigation, finding that the applicant had made a prima facie case with a probability of success and that the circumstances were exceptional.
Facts
The applicant, Maurice Milimu Amahwa, was appointed to act as Head of Pension on August 12, 2013, and the Respondent, Kenya Ports Authority, had a Human Resource Manual that limited acting appointments to six months. The applicant had acted for more than six months.
Issues
- confirmation of acting appointment
- injunctive relief
Reasoning
The Court did not delve into the merits but considered the prima facie case, the Human Resource Manual, and the balance of convenience.
Outcome
Granted injunctive relief
Orders
- Ordering the Respondent to stop appointing a substantive Head of Pension scheme pending inter partes hearing
Remedies
- Injunctive relief
Authorities cited
Cases cited (1)
- Giella v Cassman Brown & Co. Ltd
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.
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