Wilfred Nyabuto Rianga v County Public Service Board, Kisii County & County Secretary, Kisii County [2019] KEHC 10676 (KLR)

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 pointsof 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 Limitedin 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