Hosea Sitienei v University Of Eldoret & 2 others [2018] KECA 159 (KLR)
- Court
- Court of Appeal
- Case number
- 159
- Citation
- [2018] KECA 159 (KLR)
The appeals are allowed. The purported termination of the appellants' employment is null and void. The matter is remitted back to the E.L.R.C Kericho for assessment of appropriate remedies. Costs of the appeals are awarded to the appellants.
Facts
Hosea Sitienei and Professor Ezekiel Kiprop were employees of the University of Eldoret. They were suspended on July 17, 2015, pending investigations. They filed petitions against the investigations, which were dismissed. They then filed separate petitions in the Employment and Labour Relations Court, seeking to block the disciplinary proceedings. The court declined to halt the investigations but directed that the results be served before any disciplinary action could be taken. The disciplinary proceedings were carried out, and the appellants were dismissed from their employments.
Issues
- unlawful termination of employment
- violation of constitutional and statutory provisions
Reasoning
The court found that the appellants were denied a fair, open, transparent, and accountable termination process. The court also found that the disciplinary proceedings were carried out in a manner that was not in accordance with the law.
Outcome
Appeals allowed
Orders
- declaration that the termination of employment is null and void
- remission of the matter to the E.L.R.C Kericho for assessment of remedies
- award of costs to the appellants
Remedies
- declaration of nullity of termination
- assessment of remedies by a different judge
Authorities cited
Cases cited (4)
- Supermarine Handling Services Ltd v Kenya Revenue Authority [2010] eKLR
- James Koskei Chirchir v Chairman Board of Governors Eldoret Polytechnic [2011] eKLR
- John Kamunya & another v John Ngunyi Muchiri & 3 others [2015] eKLR
- Robric Limited & another v Kobil Petroleum Ltd & another, Nairobi CA No. 109 of 2015
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