Chris Kisire Chepkoit v National Bank of Kenya Limited [2017] KEELRC 1982 (KLR)
The bottom line
#A Kenyan court let a dismissed banker keep his 3% staff loan rate and cleared his CRB listing while his unfair dismissal case is decided.
What this practically means
#Executive summary
#Key legal issues
#Interlocutory relief where staff loan benefits were lost upon contested summary dismissal
The application was allowed; the claimant to continue repaying at 3% per annum under the Staff Loan Policy and to be delisted from the CRB pending determination of the claim
The court found the fairness of the summary dismissal was under challenge, and to let the claimant lose benefits available within employment before determination would deny him a fair hearing. The claimant had shown willingness to repay, having cleared the car loan and sought an extension of the repayment period, and the respondent had not filed a defence or submissions despite filing a Replying Affidavit.
Delay and balance of convenience in granting interlocutory injunction
The court noted the claimant's delay from termination in April 2016 to filing suit in January 2017 and the application in March 2017, but still granted relief conditioned on repayment
Applying Mrao and Giella v Cassman Brown principles, the court observed the claimant exposed himself to liability during the delay and made commitments to repay. The conditional relief - repayment of due instalments while preserving staff rates - balanced the parties' interests rather than granting an outright injunction.
CRB listing pending dispute
The respondent was ordered to delist the claimant within 30 days
Justice demanded that the claimant's efforts, including clearing the car loan, be seen in good stead. Delisting would enable him to access other facilities to repay his liabilities with the respondent.
Legal principles established
#- Upon a complaint of wrongful dismissal, the burden of justifying the grounds for termination rests on the employer
- Where an employee obtained a loan under a staff loan policy by virtue of employment, and the fairness of the termination is under challenge, the staff loan terms should be preserved pending determination
- A willing loanee who organises a repayment modality should be encouraged
Court orders
#- 1.The claimant shall repay the due instalments payable to the respondent as of 16th March, 2017 as directed and agreed upon by the parties
- 2.All subsequent and due instalments shall be repaid based on the respondent's Staff Loan Policy and at 3% per annum until further orders of the court
- 3.The respondent shall cause the delisting of the claimant with the Credit Reference Bureau within the next 30 days
- 4.Costs in the cause
- Jurisdiction invoked
- Employment and Labour Relations Court (Procedure) Rules, 2016, Rule 17; article 159 of the Constitution, 2010; sections 1A and 1B of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Juma v Consolidated Bank of Kenya Limited (Cause E036 of 2025) [2025] KEELRC 2546 (KLR)[2025] KEELRC 2546 (KLR)25 Sept 2025
Cite this brief
#Cite this brief
Caselaw, "Chris Kisire Chepkoit v National Bank of Kenya Limited [2017] KEELRC 1982 (KLR)", Case Analysis (2017). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2017/1982/eng@2017-11-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.