Chief Justice and President of the Supreme Court of Kenya & another v Khaemba (Civil Application 299 of 2019) [2019] KECA 46 (KLR) (18 October 2019) (Ruling)
- Court
- Court of Appeal
- Case number
- 46
- Citation
- [2019] KECA 46 (KLR)
- Decided
- 18 October 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from a decision of the Employment and Labour Relations CourtCoramM. K. KOOME, HANNAH OKWENGU, S. ole KANTAI
Holding
The Chief Justice's decision is declared illegal, null and void ab initio.
Facts
Bryan Mandila Khaemba, a Principal Magistrate, sought several reliefs including an order quashing a decision of the Chief Justice and reinstating him to his employment and salary benefits.
Issues
- constitutionality of the Chief Justice's decision
- reinstatement and salary benefits
Reasoning
The decision was found to be in violation of constitutional provisions.
Outcome
The Chief Justice's decision is quashed.
Orders
- Declaration that the respondent's letter was illegal, null and void ab initio
- Reinstatement of the respondent to his employment and salary benefits
Remedies
- Payment of all salaries, allowances, and other contractual and statutory benefits withheld during the suspension period
- Payment of due sum of money by November 1, 2019
Authorities cited
Legislation (1)
- Constitution of Kenya, 2010
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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