Kagena v Francis Maina (Head-Teacher) Aimeel Preparatory School & another (Petition E081 of 2022) [2022] KEELRC 3870 (KLR) (25 August 2022) (Ruling)

Summary at a glance

Facts

Brenda Kagena was employed as a teacher by Francis Maina (Head-Teacher) Aimeel Preparatory School and another. She fell ill and sought leave, but the employer did not terminate her employment.

Issues

• Whether the applicant has satisfied the conditions for granting a temporary injunction.
• Whether the employer's actions constitute a violation of the applicant's rights.

Reasoning

The court found that the applicant did not present evidence of the employer's intention to terminate her employment. The court also noted that the applicant failed to respond to the employer's notice to show cause.

Outcome

Application dismissed

Orders

• Allow the applicant's children to continue attending the school pending the determination of this suit or on the disciplinary proceedings.
• Refer the matter to the DR on September 27, 2022 to appoint a mediator and give a mediation report within 60 days.

Remedies

• Allow the applicant's children to continue attending the school pending the determination of this suit or on the disciplinary proceedings.

Authorities cited