Judicial Service Commission v Onyango (Civil Appeal 230 of 2019) [2024] KECA 478 (KLR) (9 May 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 478
- Citation
- [2024] KECA 478 (KLR)
- Decided
- 9 May 2024
The purported recruitment of the respondent is invalid and of no effect, and the trial court erred in finding a valid contract of employment.
Facts
The respondent, Clement Oduor Onyango, was offered a position as Chief Facilities Officer by the Judicial Service Commission (JSC) on September 16, 2013. He accepted the offer and resigned from his position at Safaricom Limited. However, on December 2, 2013, he was informed that his appointment had been revoked. He subsequently filed a claim in the Industrial Court, seeking compensation and other benefits.
Issues
- Validity of the purported recruitment of the respondent
- Binding nature of the appointment letter
Reasoning
The court held that the Director of Human Resources and Administration, Dismus O. Obondo, did not have the authority to recruit the respondent, as the JSC is a separate entity with its own recruitment powers. The court also found that the trial court improperly relied on the doctrine of apparent authority.
Outcome
The appeal is successful, and the judgment of the Employment and Labour Relations Court is set aside. The respondent's suit is dismissed with costs.
Orders
- Order dismissing the respondent's suit before the Employment and Labour Relations Court with costs
- Appellant to bear the costs of the appeal
Loading judgment…