[2017] KEELRC 830 (KLR)
The court found that the remedies sought in the claimant's application had been overtaken by events, as the disciplinary process had already concluded with the claimant's dismissal. The lawfulness and fairness of the termination itself is a substantive issue to be determined at the hearing of the main suit....
Source-derived case information.
- Citation
- [2017] KEELRC 830 (KLR)
- Parties
- Claimant: Douglas Mudave Luseno; Respondent: Maasai Mara University
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 127 of 2016
- Procedural Posture
- Employment Cause / Ruling on Interlocutory Application
- Outcome
- application dismissed
- Legal Topics
- Disciplinary Procedure, Summary Dismissal, Suspension, Unfair Termination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas Mudave Luseno
Claimant
Maasai Mara University
Respondent
Procedural Posture
Employment Cause / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the disciplinary process followed by the respondent was in accordance with the prescribed rules.
- 2 Whether the remedies sought in the application remain available after the claimant's dismissal.
Ratio Decidendi
The court found that the remedies sought in the claimant's application had been overtaken by events, as the disciplinary process had already concluded with the claimant's dismissal. The lawfulness and fairness of the termination itself is a substantive issue to be determined at the hearing of the main suit. Accordingly, the application challenging the disciplinary process was dismissed, and the main suit was directed to proceed in the normal course.
Court Disposition
application dismissed
Orders
- The application dated 28th July, 2016 is dismissed.
- The main suit to take its normal course.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 127 OF 2016
DOUGLAS MUDAVE LUSENO …………….……… CLAIMANT
VERSUS
MAASAI MARA UNIVERSITY …….……..….… RESPONDENT
Mr. Ougo for claimant
Mr. Maina for respondent
RULING
1. The application dated 28th July, 2016 and filed on the even date was brought in the main to challenge the disciplinary process followed by the respondent in its conduct of a disciplinary hearing against the claimant.
2. At the time the suit was filed, the claimant/applicant was under suspension on ½ salary of Kshs. 151,447. 50 per month. In terms of the Rules of Procedure at the University, the claimant was to be in suspension for a period not exceeding ninety (90) days i.e. between the months of February, March, April and May 2016.
3. The disciplinary process led to the dismissal of the claimant vide a letter dated 20th June 2016 and delivered on 28th June 2016.
4. The claimant preferred an Appeal on 28th June 2016 challenging the disciplinary process because, it went beyond the mandatory ninety (90) days prescribed by the Rules.
5. It is the court’s considered view that, whether or not the termination of the employment of the claimant was lawful and fair is a matter to be determined upon hearing the suit on the merits.
6. The remedies sought in the application have been overtaken by events, and same is dismissed.
7. The main suit to take its normal course.
Dated and delivered at Nairobi this 4th day of August, 2017
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE