Alfonso Katheka Munyali & another v Council of the Kenya School of Government & 3 others [2016] KEELRC 930 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 930
- Citation
- [2016] KEELRC 930 (KLR)
- Decided
- 15 July 2016
The conservatory order is clear and unambiguous. The respondents have not disobeyed the order.
Facts
The claimants, Alfonso Katheka Munyali and Jeremiah Nyaberi Ichwara, are Campus Directors of Kenya School of Government (KSG) Mombasa and Matuga Campuses respectively. They were ordered by the court to continue discharging their duties as Campus Directors with full benefits pending the hearing and determination of the suit. However, the respondents, the Council of the Kenya School of Government and its Director General, have not installed the newly appointed Campus Directors and have allowed the claimants to continue discharging their duties.
Issues
- Whether the conservatory order is ambiguous
- Whether the respondents have disobeyed the conservatory order
Reasoning
The court found the conservatory order to be clear and unambiguous, preventing a vacuum in the leadership of the campuses and allowing the claimants to continue discharging their duties with full benefits pending the determination of their status in the KSG establishment.
Outcome
The Notice of Motion is dismissed.
Orders
- Notice of Motion dated 20.4.2016 is dismissed.
- Costs to the respondents.
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