[2020] KEELRC 1376 (KLR)

[2020] KEELRC 1376 (KLR)

The court found that the petitioner failed to plead and prove any contravention of his constitutional rights or freedoms. There was no evidence that the Director of Public Prosecution abused prosecutorial discretion or acted contrary to the Constitution. The DPP is mandated by Article 157 to institute criminal...

Source-derived case information.

Citation
[2020] KEELRC 1376 (KLR)
Parties
Petitioner: Jeremiah Mwangi Njoroge; Respondent: Masterways Sacco Limited; Respondent: Director of Public Prosecution; Respondent: Inspector General of National Police Service
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Petition 75 of 2019
Procedural Posture
Constitutional Petition / Judgment
Outcome
petition dismissed with costs to the respondents
Judges
B Ongaya
Legal Topics
Unfair Dismissal, Disciplinary Procedure, Right to Fair Hearing, Prosecutorial Discretion, Discrimination, Fair Administrative Action
Source Language
en
Employment and Labour Constitutional Law Unfair Dismissal Disciplinary Procedure Right to Fair Hearing Prosecutorial Discretion Discrimination Fair Administrative Action

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Summary, issues, holding and outcome

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Parties

Jeremiah Mwangi Njoroge

Petitioner

Masterways Sacco Limited

Respondent

Director of Public Prosecution

Respondent

Inspector General of National Police Service

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the decision to prosecute the petitioner violated his constitutional rights to equality, non-discrimination, fair administrative action, and fair hearing.
  2. 2 Whether the petitioner was denied due process in the internal disciplinary proceedings by the employer.
  3. 3 Whether the Director of Public Prosecution abused prosecutorial discretion in charging the petitioner.

Ratio Decidendi

The court found that the petitioner failed to plead and prove any contravention of his constitutional rights or freedoms. There was no evidence that the Director of Public Prosecution abused prosecutorial discretion or acted contrary to the Constitution. The DPP is mandated by Article 157 to institute criminal proceedings independently, and the court will not interfere absent clear abuse or unconstitutionality. The petitioner also failed to rebut evidence that internal disciplinary proceedings had been concluded, and the Employment Act provides adequate remedies for employment disputes. The disciplinary process is separate from the criminal process, and no constitutional violation was...

Court Disposition

petition dismissed with costs to the respondents

Orders

  • The petition is dismissed with costs to the 1st and 2nd respondents.