Keter v Family Bank Limited (Cause E009 of 2022) [2022] KEELRC 12844 (KLR) (13 October 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 12844
- Citation
- [2022] KEELRC 12844 (KLR)
- Decided
- 13 October 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureClaimant seeks interim orders, Respondent opposesCoramJW KELI
Holding
The court finds that the claimant has established a prima facie case for reinstatement and grants the interim orders.
Facts
Claimant was terminated as Operations Manager by Respondent after internal disciplinary proceedings. She claims wrongful termination and seeks reinstatement.
Issues
- Whether a prima facie case has been established by the claimant to warrant granting an order of reinstatement.
- Whether irreparable harm would be occasioned on the claimant if the orders sought are not granted.
- Whether the balance of inconvenience tilts in favor of granting the prayers sought.
Reasoning
The court considers the prima facie case established by the claimant and the exceptional circumstances, granting the interim orders for reinstatement.
Outcome
Interim orders granted
Orders
- Ordering the respondent to refrain from recruiting an Operations Manager for Family Bank Busia Branch.
- Ordering the respondent to cancel the termination letter and allow the claimant to resume her duties as Operations Manager.
- Ordering the respondent to provide costs of the application.
Remedies
- Reinstatement of the claimant as Operations Manager.
- Cancellation of the termination letter.
- Payment of costs by the respondent.
Authorities cited
Cases cited (2)
- Mrao Limited v First American Bank of Kenya & 2 others (2003)eKLR
- Shadrack Musyoka v Middle East Bank Kenya Limited(2021)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.
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