[2025] KEELRC 1108 (KLR)
The court found that the petitioner was unlawfully kept under interdiction for 15 years, which constituted an unfair labour practice under Article 41 of the Constitution and the Employment Act. The respondents failed to resolve the petitioner's employment status within a reasonable time, entitling him to...
Source-derived case information.
- Citation
- [2025] KEELRC 1108 (KLR)
- Parties
- Applicant: Patrick Munyao Maingi; Respondent: Attorney General; Respondent: Inspector General Of Police; Respondent: Commissioner Of Police; Respondent: National Police Service Commission
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Petition 108 of 2017
- Procedural Posture
- Constitutional Petition / Post Judgment Order
- Outcome
- Petitioner's application for compensation and costs allowed.
- Judges
- AN Mwaure
- Legal Topics
- Unfair Labour Practice, Interdiction, Remedies for Unlawful Suspension
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Munyao Maingi
Applicant
Attorney General
Respondent
Inspector General Of Police
Respondent
Commissioner Of Police
Respondent
National Police Service Commission
Respondent
Procedural Posture
Constitutional Petition / Post Judgment Order
Legal Issues
- 1 Whether the petitioner was entitled to compensation for the period spent under interdiction.
- 2 Whether the petitioner was subjected to unfair labour practices by the respondents.
- 3 What remedies are appropriate for the petitioner in light of the findings.
Ratio Decidendi
The court found that the petitioner was unlawfully kept under interdiction for 15 years, which constituted an unfair labour practice under Article 41 of the Constitution and the Employment Act. The respondents failed to resolve the petitioner's employment status within a reasonable time, entitling him to compensation for the period spent in limbo. The court awarded the petitioner the equivalent of his monthly salary for 15 years, additional compensation for unfair labour practice, and interest at court rates. The court also awarded costs to the petitioner, emphasizing the need to facilitate access to justice and avoid undue technicalities, particularly in the context of the COVID-19...
Court Disposition
Petitioner's application for compensation and costs allowed.
Orders
- The petitioner is awarded KES 2,159,820 for the 15 years under interdiction plus interest at court rates for the 15 years.
- The petitioner is awarded KES 119,990 for unfair labour practice.
Full Case Text
Judgment text and source record
22 paragraphs
Maingi v Attorney General & 3 others (Petition 108 of 2017) [2025] KEELRC 1108 (KLR) (4 April 2025) (Order)
Neutral citation: [2025] KEELRC 1108 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Petition 108 of 2017
AN Mwaure, J
April 4, 2025
Between
Patrick Munyao Maingi
Petitioner
and
Attorney General
1st Respondent
Inspector General Of Police
2nd Respondent
Commissioner Of Police
3rd Respondent
National Police Service Commission
4th Respondent
Order
1. (a)The final award as per the judgment delivered on 5th April 2024 which will be calculated for the 15 years the Petitioner was under interdiction.The same is Kshs.11999 x 15 which amounts to Kshs.2,159,820/= plus interest at court rates for the 15 years in limbo.(b)The Petitioner was also awarded 10 months for unfair labour practice which amounts to Kshs.11999 x 10 = Kshs.119,990/=The total award is Kshs.2,279,810/= plus interest of 15 years and interest also at court rates on the total award from today till final payment.(c)Costs are awarded to the Petitioner.Orders accordingly.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 4TH DAY OF APRIL, 2025. ANNA NGIBUINI MWAUREJUDGEOrderIn view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open Court. In permitting this course, this Court has been guided by Article 159(2)(d) of the Constitution which requires the Court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this Court the duty of the Court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.A signed copy will be availed to each party upon payment of Court fees.ANNA NGIBUINI MWAUREJUDGE