Judicial Service Commission & another v Nyagol (Civil Appeal E097 of 2021) [2024] KECA 198 (KLR) (23 February 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 198
- Citation
- [2024] KECA 198 (KLR)
- Decided
- 23 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the Employment and Labour Relations Court judgmentCoramHellen Wasilwa, P. NYAMWEYA, F. OCHIENG, W. KORIR
Holding
The Employment and Labour Relations Court judgment is set aside, and the appellants are ordered to pay the respondent Kshs. 5,000,000 as damages and all withheld salary.
Facts
Respondent was employed as a Resident Magistrate by the 1st appellant. She was arrested by EACC officers on allegations of corruption and charged in Criminal Case No. 5 of 2015. She was interdicted on 4th September 2015.
Issues
- Unfair dismissal of the respondent
- Damages for unfair dismissal
- Withheld salary from interdiction to dismissal
Reasoning
The court found the dismissal unfair and unjustified.
Outcome
Appeal successful
Orders
- Declaration of unfair dismissal
- Payment of Kshs. 5,000,000 in damages
- Payment of withheld salary
Remedies
- Damages
- Withheld salary
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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