Ethics and Anti-Corruption Commission v Nicholas Mwenda Mtwaruchiu & 8 others [2018] KECA 435 (KLR)
- Court
- Court of Appeal
- Case number
- 435
- Citation
- [2018] KECA 435 (KLR)
- Decided
- 20 July 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the judgment and decree of the Employment and Labour Relations CourtCoramGithinji, Nambye, Makhanda, Otieno-Odek, Riika
Holding
The Appellant was properly constituted at the time of vetting and termination of the Respondents' contracts. The 7th Respondent's claim of a legitimate expectation of renewal is not supported by the evidence.
Facts
The 7th Respondent, Johnstone K. Chepkwony, had a contract of employment that lapsed on 30th April 2013. The Appellant, Ethics and Anti-Corruption Commission, terminated his contract on the same date. The Respondents claim a legitimate expectation of renewal.
Issues
- Whether the Appellant was properly constituted at the time of vetting and termination of the Respondents' contracts
- Whether the termination of the 7th Respondent's contract was an unfair labour practice
Reasoning
The court evaluated the evidence and found that the 7th Respondent's contract lapsed on 30th April 2013, and he was not entitled to damages for unfair dismissal or violation of his constitutional rights.
Outcome
Appeal dismissed
Authorities cited
Cases cited (3)
- Selle -vs- Associated Motor Boat Co. [1968] EA 123
- Chacha Mwita -v- KEMRI & Others
- Bernard Wanjohi Muriuki -v- Kirinyaga Water and Sanitation Company Limited & another [2012] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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