Moses Kiplagat Changwony v Tana & Athi River Development Authority [2017] KECA 768 (KLR)
- Court
- Court of Appeal
- Case number
- 768
- Citation
- [2017] KECA 768 (KLR)
- Decided
- 24 February 2017
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TypecivilPostureappeal from the Industrial CourtCoramD. K. MUSINGA, S. GATEMBU KAIRU, A. K. MURGOR
Holding
The court found that the events leading to the appellant's suspension were not unfair and unprocedural, and that the suspension without pay did not amount to a constructive dismissal.
Facts
The appellant, Moses Kiplagat Changwony, was employed by the respondent, Tana & Athi River Development Authority. He was appointed Managing Director in 2002 and was later suspended in 2006. The appellant claimed wrongful and constructive dismissal.
Issues
- whether the court wrongly concluded that the appellant’s employment was not unfairly or constructively terminated
- whether the appellant was entitled to the salary and allowances claimed
- whether the trial court failed to consider the documentary evidence that was placed before it
Reasoning
The court considered the irregularities found in the appellant's management and the appellant's acquittal from criminal charges, concluding that the suspension was not unfair or constructive.
Outcome
The appeal was dismissed.
Authorities cited
Cases cited (1)
- Selle v Associated Motor Boat Company Limited [1968] EA 123
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