Matilda Tenge Mwachia v Kenya Industrial Estate Limited & another [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Hon. Justice Hellen S. Wasilwa
Judgment Date
October 22, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Matilda Tenge Mwachia v Kenya Industrial Estate Limited & another [2020] eKLR


1. Case Information:
- Name of the Case: Matilda Tenje Mwachia v. Kenya Industrial Estate Limited & Managing Director
- Case Number: Cause 284 of 2020
- Court: Employment and Labour Relations Court, Nairobi
- Date Delivered: 22nd October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Hellen S. Wasilwa
- Country: Kenya

2. Questions Presented:
The court must resolve whether the Applicants' application for a stay of execution of the ruling made on 13th August 2020 meets the threshold for granting such orders under Order 42 rule 6(2) of the Civil Procedure Act, and whether the orders sought to be stayed are capable of being stayed.

3. Facts of the Case:
The Claimant, Matilda Tenje Mwachia, was terminated from her employment by Kenya Industrial Estate Limited (1st Respondent) and its Managing Director (2nd Respondent). Following her termination, she successfully challenged the disciplinary proceedings in court, leading to a ruling on 13th August 2020 that reinstated her to her position. The Respondents filed an application on 17th August 2020, seeking a stay of the court's ruling pending appeal, arguing that reinstatement would cause irreparable harm and that they intended to appeal the decision, which they believed raised significant legal issues.

4. Procedural History:
The case began with the Claimant's termination, followed by her filing a claim challenging the disciplinary process. The Employment and Labour Relations Court ruled in her favor on 13th August 2020, ordering her reinstatement. The Respondents then filed an application for a stay of this ruling on 17th August 2020, which led to further proceedings where both parties submitted their arguments regarding the stay.

5. Analysis:
- Rules: The court considered the provisions of Order 42 rule 6(2) of the Civil Procedure Act, which outlines the conditions under which a stay of execution may be granted, including the demonstration of substantial loss and the provision of security for costs.
- Case Law: The court referenced previous cases, including *Aggrey Lukorito Wasike v. Kenya Power and Lighting Company Limited* and *Patrick Njuguna Kariuki v. Del Monte (K) Limited*, emphasizing that reinstatement orders are self-executing and cannot be stayed. The court also considered the dissenting opinion in *Cooperative Bank of Kenya Limited v. Banking Insurance and Finance Union (Kenya)*, which highlighted the importance of the right to work and the implications of reinstatement on an employee's dignity.
- Application: The court found that the orders sought by the Applicants were self-executing and could not be stayed. It noted that the Applicants failed to demonstrate substantial loss that would warrant a stay, and the relationship between the Claimant and the Respondents had not been sufficiently proven to have irretrievably broken down.

6. Conclusion:
The court denied the Applicants' application for a stay of execution, lifting the interim orders previously granted and directing compliance with the reinstatement order from 13th August 2020. This decision underscored the court's commitment to protecting employment rights and the principle that reinstatement is a self-executing order.

7. Dissent:
There were no dissenting opinions within the ruling itself, as it was delivered by a single judge. However, the case does reference dissenting views from prior judgments that emphasize the importance of reinstatement in protecting employees' rights.

8. Summary:
The Employment and Labour Relations Court ruled against the Respondents' application for a stay of execution of a reinstatement order issued to the Claimant, reaffirming the self-executing nature of reinstatement orders. The ruling highlights the court's focus on upholding employment rights and the need for employers to comply with lawful orders regarding employee reinstatement. The case is significant in reinforcing the legal principles surrounding the execution of reinstatement orders in employment disputes in Kenya.

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