Volenzo Tom Elijah v Attorney General [2017] KECA 690 (KLR)
- Court
- Court of Appeal
- Case number
- 690
- Citation
- [2017] KECA 690 (KLR)
The appeal is allowed, and the judgment of the Industrial Court is set aside. The appellant is entitled to 10 months salary, unpaid salary, and accrued leave.
Facts
The appellant, Volenzo Tom Elijah, was employed by the respondent, the Hon. Attorney General, as a District Project Coordinator under the then Ministry of State for Special Programmes. He was suspended on allegations of misappropriation of project funds and later dismissed. The appellant claimed for unpaid salary, accrued leave, gratuity, and general damages.
Issues
- Whether the appellant's dismissal was legal and procedurally fair
- Whether the appellant was a public servant within the meaning of Article 260 of the Constitution
Reasoning
The court found that the respondent moved quickly to dismiss the appellant after receiving a letter from the World Bank, which was not supported by evidence. The court also determined that the appellant was not a public servant as he was appointed on a contract of service.
Outcome
The appeal is allowed.
Orders
- The judgment of the Industrial Court is set aside.
- The appellant is entitled to 10 months salary, unpaid salary, and accrued leave.
Remedies
- Compensation for 10 months salary
- Unpaid salary
- Accrued leave
Authorities cited
Legislation (1)
- Employment Act
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