Kusow Billow Isaack v Ministry of Interior and Coordination of National Government & 3 others [2020] KEELRC 1185 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1185
- Citation
- [2020] KEELRC 1185 (KLR)
- Decided
- 29 April 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPosturePetitioner's Notice of Motion
Holding
The application is not final as it seeks reinstatement of the petitioner's position with full pay, which should be addressed in the main petition. The interlocutory injunction is granted.
Facts
The Petitioner, Kusow Billow Isaack, was employed as an Assistant Chief in October 2016 by the 1st Respondent, Ministry of Interior and Coordination of National Government. His appointment was terminated on 27.11.2018.
Issues
- Whether the orders sought in the application are final in nature.
- Whether the applicant has met the threshold for granting the interlocutory injunction.
- Whether the orders sought should be granted.
Reasoning
The court held that the application is not final and that the threshold for granting an interlocutory injunction requires a prima facie case with probability of success.
Outcome
The application is not final and the interlocutory injunction is granted.
Orders
- An order restraining the 1st and 2nd Respondents from executing the impugned letter dated 27.11.2018 purporting to cancel the Petitioner's appointment.
- An order directing the 1st and 2nd Respondents to reinstate the Petitioner as Assistant Chief Fafi Sub-county in line with the letter of appointment dated 11.10.2016.
- An injunction restraining the respondents from advertising, shortlisting, interviewing or recruiting candidates for the post of Assistant Chief for Fafi Sub-county pending the hearing of the suit.
Remedies
- Reinstatement of the Petitioner as Assistant Chief Fafi Sub-county.
- Injunction to restrain the respondents from advertising, shortlisting, interviewing or recruiting candidates for the post of Assistant Chief for Fafi Sub-county.
Authorities cited
Legislation (3)
- Constitution of Kenya 2010
- Employment Act 2007
- Public Service Commission Act 2017
Cases cited (1)
- Giella v Cassman Brown & Co Ltd [1973] EA 358
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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