[2019] KEELRC 933 (KLR)

[2019] KEELRC 933 (KLR)

The court found that the applicant had established a prima facie case with a probability of success that the disciplinary process was being used as a façade to remove him from office for reasons other than those stated in the notice to show cause and interdiction letter. The applicant persistently sought particulars and documents necessary for his defence, which were not supplied by the respondents, despite repeated requests. The court noted that the re-issuance of the show cause letter with more particulars was an admission that the initial process was deficient. The court held that exceptional circumstances existed, justifying judicial intervention to prevent potential injustice and...

Citation
[2019] KEELRC 933 (KLR)
Parties
Applicant: Jonathan Chepkwony; Respondent: George Makateto, Acting Chief Executive Officer, Export Processing Zone Authority; Respondent: Export Processing Zone Authority; Respondent: Export Processing Zone Authority Board
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Judgment Date
2 August 2019
Case Number
Petition 107 of 2019
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Application for Conservatory Orders
Outcome
Application allowed. Conservatory orders granted restraining respondents from proceeding with disciplinary process pending hearing and determination of the petition.
Judges
DO Ogal
Legal Topics
Disciplinary Procedure, Fair Administrative Action, Right to Fair Labour Practices, Injunctive Relief, Interdiction, Procedural Fairness
Source Language
English
Employment and Labour Constitutional Law Civil Procedure Disciplinary Procedure Fair Administrative Action Right to Fair Labour Practices Injunctive Relief Interdiction +1 more

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Parties

Jonathan Chepkwony

Applicant

George Makateto, Acting Chief Executive Officer, Export Processing Zone Authority

Respondent

Export Processing Zone Authority

Respondent

Export Processing Zone Authority Board

Respondent

Procedural Posture

Constitutional Petition / Ruling on Interlocutory Application for Conservatory Orders

Legal Issues

  1. 1 Whether the applicant was denied particulars and documents necessary for a fair disciplinary process.
  2. 2 Whether the disciplinary process against the applicant was a façade intended to remove him from office for reasons other than misconduct.
  3. 3 Whether the applicant is entitled to conservatory orders restraining the respondents from proceeding with the disciplinary process pending determination of the petition.

Ratio Decidendi

The court found that the applicant had established a prima facie case with a probability of success that the disciplinary process was being used as a façade to remove him from office for reasons other than those stated in the notice to show cause and interdiction letter. The applicant persistently sought particulars and documents necessary for his defence, which were not supplied by the respondents, despite repeated requests. The court noted that the re-issuance of the show cause letter with more particulars was an admission that the initial process was deficient. The court held that exceptional circumstances existed, justifying judicial intervention to prevent potential injustice and...

Court Disposition

Application allowed. Conservatory orders granted restraining respondents from proceeding with disciplinary process pending hearing and determination of the petition.

Orders

  • Pending hearing and determination of the petition, the respondents are jointly and severally restrained from proceeding with the internal disciplinary process against the applicant.
  • Costs of the application shall be in the cause.