Hedwig Nyalwal v Kenya Institute of Supplies Management [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Hon. Lady Justice Maureen Onyango
Judgment Date
September 10, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Hedwig Nyalwal v Kenya Institute of Supplies Management [2020] eKLR. Gain insights into legal arguments, judgments, and implications in this important ruling.

Case Brief: Hedwig Nyalwal v Kenya Institute of Supplies Management [2020] eKLR

1. Case Information:
- Name of the Case: Hedwig Nyalwal v. Kenya Institute of Supplies Management
- Case Number: Cause No. 163 of 2020
- Court: Employment and Labour Relations Court, Nairobi
- Date Delivered: October 9, 2020
- Category of Law: Civil
- Judge(s): Hon. Lady Justice Maureen Onyango
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court include:
- Whether the Claimant's termination was lawful or constituted a violation of his employment rights.
- Whether the Claimant is entitled to an interim injunction to prevent the Respondent from recruiting a new Chief Executive Officer pending the determination of the main claim.

3. Facts of the Case:
The Claimant, Hedwig Nyalwal, was employed by the Respondent, Kenya Institute of Supplies Management (KISM), starting as an Assistant Manager in 2007 and subsequently appointed as Chief Executive Officer in 2017. On March 27, 2020, he received a termination notice stating that the Council of KISM had resolved to terminate his employment effective immediately, citing Section 9(1) of the Supplies Practitioners Management Act. The Claimant alleged that he was not given a chance to defend himself against any allegations and that the termination was abrupt, unjustified, and violated his rights as a public servant. The Respondent contended that the Claimant's appointment was illegal and that his removal was lawful.

4. Procedural History:
The Claimant filed an application on March 30, 2020, seeking an interim injunction to prevent the Respondent from recruiting a new CEO. The Respondent responded with its own application on April 15, 2020, seeking to set aside the interim injunction. The court directed that both applications be disposed of together through written submissions. The Claimant argued that the termination was without due process, while the Respondent maintained that the Claimant's appointment was illegal.

5. Analysis:
- Rules: The court considered relevant provisions from the Employment Act, particularly Sections 41, 43, and 45, which outline the requirements for fair termination. Additionally, Article 236(b) of the Constitution of Kenya protects public servants from removal without due process.
- Case Law: The court referenced the principles established in *Giella v. Cassman Brown & Company Limited* regarding the granting of interlocutory injunctions, which require demonstrating a prima facie case, potential irreparable harm, and the balance of convenience. The court also noted *Mrao Limited v. First American Bank* concerning the definition of a prima facie case.
- Application: The court found that the Claimant had established a prima facie case as he was terminated without due process, which could be deemed unlawful. The court acknowledged that if the Respondent proceeded to recruit a new CEO, it would effectively prevent the Claimant from being reinstated if he were to win the case. Thus, the Claimant would suffer irreparable harm if the position was filled.

6. Conclusion:
The court ruled in favor of the Claimant, confirming the interim injunction that restrained the Respondent from recruiting a new CEO pending the determination of the case. This decision reinforced the importance of due process in employment termination and highlighted the protections afforded to public servants under Kenyan law.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The ruling in *Hedwig Nyalwal v. Kenya Institute of Supplies Management* underscored the necessity for adherence to due process in employment terminations, particularly for public servants. The court's decision to issue an interim injunction served to protect the Claimant's rights and maintain the status quo until the main case could be fully heard. This case is significant as it reinforces legal protections against arbitrary dismissal in the Kenyan employment context.

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