[2018] KEELRC 1005 (KLR)
The court held that Section 71(3) of the Public Service Commission Act 2017 entitles a suspended public officer to half basic salary, full house allowance, and medical allowance. The respondent was already paying the claimant full house allowance and medical cover but was also obliged to pay half salary during the...
Source-derived case information.
- Citation
- [2018] KEELRC 1005 (KLR)
- Parties
- Applicant: Eng. Alfred Odongo Amombo; Respondent: Lake Victoria North Water Services Board; Respondent: Hon. Joseph Kipchumba Lagat
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 16 of 2017
- Procedural Posture
- Employment Cause / Ruling on Terms of Suspension Pending Appeal
- Outcome
- application allowed in part
- Judges
- MN Nduma
- Legal Topics
- Suspension of Public Officers, Remuneration During Suspension, Public Service Commission Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eng. Alfred Odongo Amombo
Applicant
Lake Victoria North Water Services Board
Respondent
Hon. Joseph Kipchumba Lagat
Respondent
Procedural Posture
Employment Cause / Ruling on Terms of Suspension Pending Appeal
Legal Issues
- 1 Whether the claimant is entitled to half salary, full house allowance, and medical allowance during suspension pending appeal.
- 2 Whether the respondent is obliged to pay arrears of half salary from the date of suspension until resolution of the dispute.
Ratio Decidendi
The court held that Section 71(3) of the Public Service Commission Act 2017 entitles a suspended public officer to half basic salary, full house allowance, and medical allowance. The respondent was already paying the claimant full house allowance and medical cover but was also obliged to pay half salary during the suspension. The court found that the respondent must pay the claimant half salary with arrears from the date of suspension until the dispute is fully resolved, as the issue of terms of suspension was not previously determined and the court was not functus officio.
Court Disposition
application allowed in part
Orders
- The respondent shall pay the claimant half (½) salary while on suspension with all arrears from the date of suspension until the dispute is fully resolved.
- The respondent shall continue paying the claimant full house allowance and medical cover during suspension.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 16 OF 2017
(Before Hon. Justice Mathews N. Nduma)
ENG. ALFRED ODONGO AMOMBO..................................................CLAIMANT
VERSUS
LAKE VICTORIA NORTH WATER SERVICES BOARD.....1ST RESPONDENT
HON. JOSEPH KIPCHUMBA LAGAT.....................................2ND RESPONDENT
R U L I N G
1. Judgment by Hon. Maureen Onyango delivered on 4th May, 2017 was stayed pending appeal. The import of the stay was to keep the Claimant/Applicant in suspension from his position of Chief Executive Officer of the Lake Victoria North Water Services Board.
2. The Human Resource Policy and procedures manual is to be strictly followed during the pendency of the Appeal and continued suspension of the Claimant/Applicant. The issue of terms of suspension was not dealt with by the trial court and is therefore not functus officio.
3. Section 71 (3) of the Public service Commission Act 2017, provides that a Public Officer who is suspended shall receive half basic salary, full house allowance and medical allowance.
4. The directives by public service commission in their circulars are to supplement gaps in all public service bodies’ human resource and procedure manuals.
5. The Respondent is currently paying the Claimant/Applicant full house allowance and medical cover. The court finds that the Respondent is obliged to pay the Claimant/Applicant in addition half (½) salary while on suspension with all arrears from date of suspension until the dispute is fully resolved.
Ruling Dated, Signed and delivered this 4th day of October, 2018
Mathews N. Nduma
Judge
Appearances
Mr. Mbanda for Claimants/Applicant
Mr. Omondi for Respondent
Chrispo – Court Clerk