Judicial Service Commission v Kamande (Civil Appeal E403 of 2021) [2024] KECA 1939 (KLR) (20 December 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 1939
- Citation
- [2024] KECA 1939 (KLR)
- Decided
- 20 December 2024
The respondent was not given a fair hearing, and the committee's process did not comply with constitutional principles of fairness. The respondent was not guilty of gross misconduct.
Facts
The respondent was a tender evaluation committee member for a security tender. The respondent's company, Bedrock Security Service Limited, was a dissatisfied bidder. The Public Procurement Administrative Review Board (PPARB) found the respondent and other committee members to have acted improperly. The Chief Registrar of the Judiciary issued a show cause letter, and the respondent was subsequently terminated.
Issues
- Whether the respondent was given a fair hearing by the committee
- Whether the respondent's termination was justified due to his meeting with a bidder during the tender evaluation process
Reasoning
The court found that the respondent was not given an opportunity to cross-examine the complainant, and the committee's procedure was not fair. The respondent's meeting with a bidder during the tender evaluation process did not constitute gross misconduct.
Outcome
Affirmed the Employment and Labour Relations Court's decision
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