National Land Commission v Munubi & 4 others (Civil Appeal 248 of 2020) [2022] KECA 391 (KLR) (4 March 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 391
- Citation
- [2022] KECA 391 (KLR)
- Decided
- 4 March 2022
The cross appeal succeeds only in respect of prayer No. 2 to the extent that a declaration is issued that the Cross appellants/respondents' rights under Articles 28, 41 and 47 of the Constitution were violated.
Facts
The 1st to 4th respondents were directors of the National Land Commission (NLC) seconded from the Public Service Commission (PSC). Their terms of employment were varied without their consent, from contractual to permanent and pensionable, then reversed. They moved to the Employment and Labour Relations Court seeking declarations and alleging unfair labour practice.
Issues
- whether the respondents are and remain permanent and pensionable employees of the NLC
- whether the change of their terms of employment constitutes unfair labour practice, is unlawful and illegal
Reasoning
The court found that the respondents' constitutional rights were violated and ordered a declaration of such violation. The court also ordered that the respondents be paid their salaries for the time they were unable to access their offices.
Outcome
Appeal and cross-appeal successful
Orders
- a declaration of violation of the respondents' constitutional rights
- a declaration that the Cross appellants/respondents' rights under Articles 28, 41 and 47 of the Constitution were violated
- costs of the appeal and the cross appeal are awarded to the respondents/cross appellants
Remedies
- declaration of violation of constitutional rights
- declaration of violation of rights under Articles 28, 41 and 47 of the Constitution
- payment of salaries for the time respondents were unable to access their offices
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