Mulinge v Cooperative Bank of Kenya Limited (Employment and Labour Relations Cause E200 of 2022) [2023] KEELRC 847 (KLR) (13 April 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 847
- Citation
- [2023] KEELRC 847 (KLR)
- Decided
- 13 April 2023
Summary at a glance
Facts
The Claimant, Aaron Juma Mulinge, was a former employee of the Respondent, Cooperative Bank of Kenya Limited, who was summarily dismissed. Since the termination of his employment, the Respondent has intended to review and/or has reviewed the interest rates for the Claimant's property loan and personal loan from 6% and 8% to 13% respectively.
Issues
- Whether the Respondent can review and change the interest rates on the Claimant's loans.
- Whether the Claimant would suffer irreparable harm if the orders are not granted.
Reasoning
The Court concludes that the Claimant has a prima facie case and would suffer irreparable harm if the orders are not granted, thus the balance of convenience tilts in his favour.
Outcome
The Court grants an injunction restraining the Respondent from varying the interest applicable to the Claimant's loan facilities from sta rates to commercial rates, and orders the Claimant to continue servicing the loan facilities at applicable sta rates pending the hearing and determination of the claim.
Orders
- An order of injunction be and is hereby issued restraining the Respondent from varying the interest applicable to the Claimant’s loan facilities from sta rates to commercial rates, pending the hearing and determination of the main claim.
- The Claimant shall continue servicing the loan facilities at applicable sta rates pending the hearing and determination of the claim.
Remedies
- The Claimant is ordered to continue servicing the loan facilities at applicable sta rates pending the hearing and determination of the claim.
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