Alfonso Katheka Munyali & another v Council of the Kenya School of Government & another [2015] KEELRC 618 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 618
- Citation
- [2015] KEELRC 618 (KLR)
- Decided
- 31 July 2015
The Claimants' notice of motion is allowed with the injunction restraining the Respondent from terminating, removing, replacing, dismissing and or deploying the Claimants from their current position as the Director of Kenya School of Government Mombasa Campus and Matuga Campus respectively.
Facts
The Claimants were Director for the defunct Mombasa GTI and Matuga GTI since 2009 and 2010 respectively. After the commencement of the KSGA on 1.7.2012, they continued serving in the same capacity until they were formally given the option to choose between continuing to serve the KSG under the same terms and conditions of service or being deployed in the PSC. By letter dated 11.6.2015, the Director General deployed the Claimants in the Academic function without any appointment to specific job title and job description.
Issues
- Whether the Claimants' motion meets the conditions required for the grant of interlocutory injunction.
- Whether the Respondents' deployment of the Claimants constitutes a breach of the law and contract of employment.
Reasoning
The court finds that the Claimants have an arguable case of breach of contract and breach of KSGA by the Respondents. The letter of deployment did not specify the new job title and job description for the Claimants, and did not guarantee that they would retain their Job Groups and benefits.
Outcome
The Claimants' notice of motion is allowed.
Orders
- Injunction restraining the Respondent from terminating, removing, replacing, dismissing and or deploying the Claimants from their current position as the Director of Kenya School of Government Mombasa Campus and Matuga Campus respectively.
- The Claimants shall continue to discharge the duties of the Director of Kenya School of Government Mombasa Campus and Matuga Campus respectively with full benefits pending the hearing and determination of this suit.
- Costs to the claimants.
Remedies
- Interlocutory injunction
Authorities cited
Legislation (1)
- Kenya School of Government Act (KSGA)
Cases cited (1)
- Mrao Limited Vs. First American Bank of Kenya [2003] KLR 125
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