Case Metadata |
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Case Number: | Cause 21 of 2018 |
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Parties: | Wilfred Nyabuto Rianga v County Public Service Board, Kisii County & County Secretary, Kisii County |
Date Delivered: | 17 Jan 2019 |
Case Class: | Civil |
Court: | High Court at Kisumu |
Case Action: | Ruling |
Judge(s): | Mathews Nderi Nduma |
Citation: | Wilfred Nyabuto Rianga v County Public Service Board, Kisii County & another [2019] eKLR |
Advocates: | N. E. Mogusu & Associates for the Claimant Anne Babu & Co. Advocates for the 1st and 2nd Respondents |
Court Division: | Employment and Labour Relations |
County: | Kisumu |
Advocates: | N. E. Mogusu & Associates for the Claimant Anne Babu & Co. Advocates for the 1st and 2nd Respondents |
History Advocates: | Both Parties Represented |
Case Outcome: | Application Dismissed. |
Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT KISUMU
CAUSE NO. 21 OF 2018
(Before Hon. Justice Mathews N. Nduma)
WILFRED NYABUTO RIANGA........................................................CLAIMANT
VERSUS
COUNTY PUBLIC SERVICE BOARD, KISII COUNTY....1ST RESPONDENT
COUNTY SECRETARY, KISII COUNTY.............................2ND RESPONDENT
R U L I N G
1. Claimant filed an application dated 18th January, 2018 seeking to stop operationalization of the letter of dismissal from service dated 13th December, 2017. Interim orders were granted on 24th January, 2018. Replying Affidavit was filed on 12th February, 2018. The Claimant filed written submissions on 1st July, 2018 whereas the Respondent filed submissions on 17th October, 2018.
2. Upon consideration of the deposition by the Claimant and the Respondent and the submissions on the disputed facts and points of law by the parties, the court is satisfied that the applicant has not satisfied the requirements for grant of an interim inunction set out in the case of Giella v Cassman Brown Limited in that a prima facie case with probability of success has not been made out and that the balance of convenience is in favour of vacating the interim order granted on 24th January, 2018. By the time the application was filed, the Claimant/Applicant had already been dismissed from his employment with effect from 1st February, 2017.
3. The merits and de-merits of the case may only be canvassed and determined upon hearing the main suit.
4. Accordingly, the application is dismissed. The matter to proceed to full hearing on the merits.
Ruling Dated and Signed and Delivered in Kisumu this 17th day of January , 2019
Mathews N. Nduma
Judge
Appearances
N. E. Mogusu & Associates for Claimant
Anne Babu & Co. Advocates for the 1st and 2nd Respondents
Chrispo – Court Clerk