Ajwang v Development Bank of Kenya Limited (Cause E398 of 2024) [2025] KEELRC 10 (KLR) (16 January 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 10
- Citation
- [2025] KEELRC 10 (KLR)
- Decided
- 16 January 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureClaimant seeks interlocutory injunction against RespondentCoramLINNET NDOLO
Holding
The Claimant has failed to establish a case for an order in the nature of a prohibitive injunction against the Respondent.
Facts
Claimant sought reinstatement and an injunction against Respondent for filling the position of Company Secretary/Head of Legal, claiming failure to submit end of probation report and frustration of pre-confirmation appraisal.
Issues
- Whether the Claimant has established a prima facie case for an interlocutory injunction.
- Whether the Respondent is entitled to fill the position of Company Secretary/Head of Legal without the injunction.
Reasoning
The Claimant's prayer for reinstatement is misconceived as she has since obtained alternative employment. The Court held that a compensatory award would be adequate if the Claimant is found in her favour.
Outcome
Application declined with costs
Orders
- The application dated 22nd May 2024 is declined with costs in the cause.
Authorities cited
Cases cited (2)
- Mrao v First American Bank Kenya Limited & 2 others (2003) KLR, 123
- Shem Arthur Ogao v Kenya Forestry Research Institute (2017) 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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