Dima v Kenya National Trading Corporation Limited (Employment and Labour Relations Petition E211 of 2024) [2025] KEELRC 1220 (KLR)
The bottom line
#Kenya's Employment Court dismissed a bid to halt a job appointment revocation because the revocation had already happened, leaving nothing for interim orders to stop.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Applicant has met the threshold for issuance of conservatory orders pending the hearing of the application and the Petition
Key legal issues
#Whether conservatory orders could issue to suspend a revocation decision that had already been made and communicated
The application was dismissed as moot because the revocation had already occurred; there was nothing left to suspend pending hearing
The court observed that the motion sought to stop an appointment which had already been revoked by the email of 17th December 2024. Since the injurious decision was already in place, the conservatory orders sought (whether pending inter partes hearing, determination of the application, or the Petition) could not serve any practical purpose. The application was therefore overtaken by events, found unmerited, and disallowed, with the petitioner left to pursue the substantive Petition.
Legal principles established
#- An interlocutory application seeking conservatory orders that would preserve a state of affairs already reversed cannot stand, being overtaken by events; such an application is unmerited and should be disallowed
Court orders
#- 1.The Notice of Motion dated 19th December 2024 seeking conservatory orders is disallowed as unmerited
- 2.The petitioner to proceed with the main petition
- 3.Costs in the petition
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 23(3)(a) of the Constitution of Kenya, 2010 and Rule 23 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013 (Mutunga Rules)
Relief refused
#Conservatory orders suspending the Respondent's decision contained in an email dated 17th December 2024 revoking the appointment to the position of Business Development Manager, KNTC 3
The application sought to stop an appointment that had already been revoked, and was therefore overtaken by events (moot)
Costs
Costs in the petition (no costs awarded on the application; costs reserved to the main petition)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The application sought to stop an appointment by the respondent which appointment had already been revoked. The application cannot therefore stand having been overtaken by events.
I therefore find the application not merited and I disallow it accordingly. The petitioner to proceed with main petition. Costs in the petition.
Issues in the judgment
#The judgment refers to the 'Respondent' revoking the appointment but never expressly names the Respondent as a party in the style of cause; the Respondent is identifiable only from the pleadings as Kenya National Trading Corporation Limited (KNTC)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Dima v Kenya National Trading Corporation Limited (Employment and Labour Relations Petition E211 of 2024) [2025] KEELRC 1220 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1220/eng@2025-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.