Shabdin v Registered Trustees of the Sisters of Mercy (Kenya) t/a Mater Misericordiae Hospital (Petition E006 of 2025) [2025] KEELRC 2922 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the petitioner's alleged summary dismissal dissipated the substratum of the conservatory orders of 27th March 2025
No - the application was overtaken by events because the court had earlier found no evidence that the petitioner was dismissed or notified of dismissal, so the orders could not be discharged on that basis
The applicant argued the dismissal made compliance with the reinstatement order impossible. The court noted that in a subsequent ruling (application dated 10th June 2025) it had found no evidence that the petitioner was dismissed or notified of dismissal. That finding undermined the factual premise of the application, and the reversal of the 27/3/25 order could not hold.
Whether the applicant moved the court in good faith and timeously
The court did not make an express finding, but rejected the application as lacking merit
The applicant claimed it acted within reasonable time of learning of the ruling published in the Judiciary Portal, citing the Deputy Registrar's notice that Justice Wasilwa would be on leave. The petitioner countered that the application was reactionary, brought in bad faith and without clean hands since the dismissal was initiated while the petition was pending.
Legal principles established
#- An interlocutory application may be dismissed where the issues raised have been overtaken by events and the orders sought can no longer be sustained
Court orders
#- 1.The Notice of Motion dated 4th April 2025 is dismissed
- 2.Costs of the application are awarded in the petition
- Jurisdiction invoked
- Original jurisdiction of the Employment and Labour Relations Court over a constitutional petition concerning employment rights (Articles 41, 47 and 50 invoked by the parties)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Shabdin v Registered Trustees of the Sisters of Mercy (Kenya) t/a Mater Misericordiae Hospital (Petition E006 of 2025) [2025] KEELRC 2922 (KLR)", Case Analysis (2025). Not stated in the judgment (interlocutory application within a constitutional petition; Notice of Motion dated 4th April 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2922/eng@2025-10-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.