[1987] KEHC 85 (KLR)

[1987] KEHC 85 (KLR)

The court found that the applicant was unlawfully suspended from employment for over two and a half years without pay, work, or the freedom to seek alternative employment. This treatment amounted to mental torture and inhuman and degrading treatment, contrary to section 74 of the Constitution. The suspension was not...

Source-derived case information.

Citation
[1987] KEHC 85 (KLR)
Parties
Applicant: Marete; Defendant: Attorney General
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
29 April 1987
Case Number
Miscellaneous Civil Case 668 of 1986
Procedural Posture
Miscellaneous Application / Judgment
Outcome
Application allowed. Declarations granted. Damages awarded to applicant.
Judges
JF Shields
Legal Topics
Fundamental Rights Enforcement, Torture and Inhuman Treatment, Unlawful Suspension, Public Service Employment, Damages for Rights Violation
Source Language
english
Constitutional Law Employment and Labour Fundamental Rights Enforcement Torture and Inhuman Treatment Unlawful Suspension Public Service Employment Damages for Rights Violation

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Summary, issues, holding and outcome

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Parties

Marete

Applicant

Attorney General

Defendant

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the applicant was subjected to torture or inhuman or degrading treatment contrary to section 74 of the Constitution.
  2. 2 Whether the suspension of the applicant from January 1983 to August 1985 was unlawful.
  3. 3 Whether the applicant is entitled to redress, including compensation, for the contravention of constitutional rights.

Ratio Decidendi

The court found that the applicant was unlawfully suspended from employment for over two and a half years without pay, work, or the freedom to seek alternative employment. This treatment amounted to mental torture and inhuman and degrading treatment, contrary to section 74 of the Constitution. The suspension was not in accordance with the Public Service Commission Regulations, as no proceedings for dismissal had been commenced at the time. The applicant was entitled to redress, including compensation for loss of earnings, a portion of the capitalized value of his pension, and general damages for pain and suffering. The court emphasized that the Constitution provides enforceable rights and...

Court Disposition

Application allowed. Declarations granted. Damages awarded to applicant.

Orders

  • Declaration that the suspension of the applicant from January 1983 to August 1985 was unlawful.
  • Declaration that the applicant was subjected to torture and inhuman and degrading treatment by the Ministry of Livestock Development during the period of unlawful suspension.