[2020] KEELRC 615 (KLR)

[2020] KEELRC 615 (KLR)

The court found that the Claimants' dismissal was wrongful, illegal, and unconstitutional because the Respondents failed to prove a valid reason for dismissal as required by Section 43 of the Employment Act. The disciplinary process did not accord the Claimants a fair hearing as mandated by Section 41 of the...

Source-derived case information.

Citation
[2020] KEELRC 615 (KLR)
Parties
Claimant: Jacinta Wanjiku Keru; Claimant: Margaret Adhiambo Obara; Respondent: Ministry of Interior and Coordination of National Government; Respondent: Public Service Commission; Respondent: Attorney General
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 575 & 577 of 2017
Procedural Posture
Employment Cause / Judgment
Outcome
Claim allowed in part. Summary dismissal reduced to retirement in public interest. Monetary awards granted. Reinstatement denied.
Judges
DO Ogal
Legal Topics
Unfair Dismissal, Disciplinary Procedure, Public Service Employment, Right to Fair Hearing
Source Language
en
Employment and Labour Unfair Dismissal Disciplinary Procedure Public Service Employment Right to Fair Hearing

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Parties

Jacinta Wanjiku Keru

Claimant

Margaret Adhiambo Obara

Claimant

Ministry of Interior and Coordination of National Government

Respondent

Public Service Commission

Respondent

Attorney General

Respondent

Procedural Posture

Employment Cause / Judgment

  1. 1 Whether the Claimants' dismissal from public service was wrongful, illegal, and unconstitutional.
  2. 2 Whether the Claimants were accorded fair disciplinary procedures as required by law.
  3. 3 Whether the Claimants are entitled to reinstatement, compensation, and other reliefs sought.

Ratio Decidendi

The court found that the Claimants' dismissal was wrongful, illegal, and unconstitutional because the Respondents failed to prove a valid reason for dismissal as required by Section 43 of the Employment Act. The disciplinary process did not accord the Claimants a fair hearing as mandated by Section 41 of the Employment Act and Article 47 of the Constitution. The applicable Public Service Commission Regulations did not override the statutory requirements for fair hearing. The court noted that the evidence did not establish a link between the money received and any misconduct related to issuance of passports. The Respondents' departure from the recommendation of retirement in public...

Court Disposition

Claim allowed in part. Summary dismissal reduced to retirement in public interest. Monetary awards granted. Reinstatement denied.

Orders

  • Summary dismissal of both Claimants reduced to retirement in public interest.
  • Jacinta Wanjiku Keru awarded KES 344,100 salary withheld during interdiction, KES 71,880 pay in lieu of notice, KES 862,560 compensation, pension as per Pensions Act, costs, and interest at court rates from date of judgment.