Wednesday, August 19, 2026
Court Helicopter
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
No Result
View All Result
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
No Result
View All Result
Court Helicopter
Home News

Court Overturns Order That Kept Hospital Workers on Payroll

Court of Appeal overturns ELRC order that had reinstated three suspended hospital workers and forced continued salary payments.

Bramuel Wanzala by Bramuel Wanzala
June 19, 2026
in News
0
Court Overturns Order That Kept Hospital Workers on Payroll

The Court of Appeal has declined to halt the cancellation of Riverbank Plaza Limited's title to disputed Nairobi land earmarked for a public library.

Share on FacebookShare on TwitterShare on WhatsApp

The Court of Appeal has overturned a decision of the Employment and Labour Relations Court (ELRC) that had barred Edelvale Trust Jamaa Home & Mission Hospital from terminating three of their hospital workers and ordered the institution to continue paying their salaries pending the hearing of their case.

In a judgment delivered on June 12, 2026, a three-judge bench comprising Justices K. M’Inoti, E.C. Mwita and B. Ongaya allowed an appeal by Edelvale Trust Jamaa Home & Mission Hospital, setting aside a 2018 ruling that had granted interim relief to former employees Sarah Nduta Thenya, Hellen Njeri Kangiri and Pamela Ndwiga.

Related posts

Lawyer Omari Demands for President Ruto’s Statement in Chuka Law Student Cyber Harassment Case

August 18, 2026
High Court Clears Magistrate Alego to Complete Chelogoi Criminal Trial Despite Transfer to ELRC

High Court Clears Magistrate Alego to Complete Chelogoi Criminal Trial Despite Transfer to ELRC

August 18, 2026

The dispute arose in September 2017 after the three employees challenged what they described as an unlawfully prolonged suspension. They filed a case in the ELRC claiming the hospital had extended their suspension beyond the period permitted under its internal regulations and failed to communicate the outcome of disciplinary investigations. At the time, the workers obtained temporary court orders restraining the hospital from terminating their employment. The ELRC later confirmed those orders and directed the hospital to release withheld salaries and continue paying the employees until the case was determined.

However, the hospital appealed, arguing that the employees had already been terminated before the court orders were issued and that the trial court had improperly granted injunctions that effectively reinstated them before a full hearing of the dispute. The Court of Appeal agreed with the hospital, finding that the trial court failed to adequately consider whether the employees had exhausted internal dispute resolution mechanisms provided under their employment contract.

The judges noted that the hospital’s terms and conditions of employment contained a grievance procedure through which employees could raise concerns with supervisors and management before resorting to court action.

“Unless for good reason shown, such as impossibility to invoke and genuinely implement the provision, the court should have considered whether such provision ought to have been invoked as an appropriate arrangement between the parties,” the judges stated.

The appellate court also found that the employees had not sought permanent injunctive relief in their main claim, a requirement under the Employment and Labour Relations Court rules before temporary injunctions can be granted. According to the judges, the interim orders issued by the ELRC did not correspond with the substantive prayers sought in the main suit, making the injunctions procedurally defective.

The court further held that the dispute was fundamentally contractual and commercial in nature and that any losses suffered by the employees could be compensated through monetary damages if they ultimately succeeded at trial.

“In absence of an irreparable injury that cannot be adequately compensated by an award of damages, we find that the temporary injunctions or orders should not have been granted,” the judgment stated.

The judges emphasized that questions surrounding the legality of the suspension, the validity of the alleged termination letters, and whether the employees were properly notified of termination remained contested issues that could only be conclusively determined during a full hearing.

Consequently, the Court of Appeal set aside the ELRC ruling issued on February 5, 2018, dismissed the employees’ application for interim orders and directed that the costs of the application be determined in the main case.

Previous Post

Court of Appeal Upholds Ksh22.5M Award in Juja Land Row, Rules Couple Breached Sale Agreement

Next Post

“Marriage Is Not a Prison”: High Court Affirms Right to Divorce Despite Catholic Doctrine

Bramuel Wanzala

Bramuel Wanzala

Bramuel Wanzala is a journalist and digital media practitioner specializing in court reporting and public interest stories. He holds a Bachelor’s degree in Linguistics, Media and Communication and has worked with Radio Citizen and The Standard. He currently reports for Court Helicopter News.

Next Post
“Marriage Is Not a Prison”: High Court Affirms Right to Divorce Despite Catholic Doctrine

“Marriage Is Not a Prison”: High Court Affirms Right to Divorce Despite Catholic Doctrine

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

BROWSE BY CATEGORIES

  • Africa
  • County
  • Court Update
  • Explainer
  • International
  • Interviews
  • News
  • Photo-Story
  • World News

BROWSE BY TOPICS

#Safaricom #Sakaja Africa Creative Feature Human Rights IPOA Legal Today Maandamano Mathare News Populer sepulchral rights trend Video

POPULAR

Court Update

Former Migori Governor Okoth Obado Asks for Non-Custodial Sentence in Sharon Otieno Murder Case

by CH Reporter
August 18, 2026
0

Former Migori Governor Okoth Obado has asked the High Court to consider giving him a non-custodial sentence following his conviction...

Obado, Co-Convicts Await Pre-Sentence Reports Ahead of Sharon Otieno Murder Sentencing

August 18, 2026
Sharon Otieno’s Family Wants Obado to Give Them the House and Car He Had Promised Her Before Her Death.

Sharon Otieno’s Family Wants Obado to Give Them the House and Car He Had Promised Her Before Her Death.

August 18, 2026
High Court Clears Magistrate Alego to Complete Chelogoi Criminal Trial Despite Transfer to ELRC

High Court Clears Magistrate Alego to Complete Chelogoi Criminal Trial Despite Transfer to ELRC

August 18, 2026
Katiba Institute wants IG Kanja Jailed for erecting roadblocks despite existing orders

Kanja Orders Immediate Interdiction of Officers on Duty When Suspects Die in Custody

August 13, 2026
Governor Kilonzo Calls for AI Regulations in Legal Practice, Warns Against Erosion of Rule of Law

Governor Kilonzo Calls for AI Regulations in Legal Practice, Warns Against Erosion of Rule of Law

August 13, 2026
High Court Reaffirms Gatoto School Ownership Orders, Summons DIG Lagat

High Court Reaffirms Gatoto School Ownership Orders, Summons DIG Lagat

August 18, 2026
Rigathi Gachagua Seeks Compensation, Nullification of Impeachment in Court Battle

Gachagua moves to Court of Appeal seeking to Overturn His Impeachment

August 17, 2026

Blogger Gaitho Charged for Alleged False Tweet Against Police in Kware Killings’ Case.

July 18, 2024
Court Helicopter

Court and legal stories from around the country

Follow us on social media:

Recent News

  • 3 Treasury Officials Among 9 to Face Charges Over KSh1.5B Misappropriation
  • High Court Reaffirms Gatoto School Ownership Orders, Summons DIG Lagat
  • Sharon Otieno’s Family Wants Obado to Give Them the House and Car He Had Promised Her Before Her Death.

Category

  • Africa
  • County
  • Court Update
  • Explainer
  • International
  • Interviews
  • News
  • Photo-Story
  • World News

Recent News

3 Treasury Officials Among 9 to Face Charges Over KSh1.5B Misappropriation

August 18, 2026
High Court Reaffirms Gatoto School Ownership Orders, Summons DIG Lagat

High Court Reaffirms Gatoto School Ownership Orders, Summons DIG Lagat

August 18, 2026

© 2026 Court Helicopter. All rights reserved.

No Result
View All Result
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa

© 2026 Court Helicopter. All rights reserved.