Principal Secretary, National Treasury & another v Kimutai (Civil Appeal 95 of 2019) [2024] KECA 488 (KLR) (9 May 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 488
- Citation
- [2024] KECA 488 (KLR)
- Decided
- 9 May 2024
The court declared the respondent's resignation unlawful, null and void, and ordered his reinstatement with the 1st appellant without loss of benefits or promotion. The court also ordered the appellants to pay the respondent 12 months' gross salary as damages.
Facts
The respondent, Abraham Kipchumba Kimutai, was employed as an Internal Auditor III by the 2nd appellant (Public Service Commission) in the office of the 1st appellant (National Treasury). He resigned on February 2, 2017, and was reinstated on April 21, 2017. The 2nd appellant rejected his reinstatement letter.
Issues
- the legality of the respondent's resignation
- the nature of the resignation under the Elections Act
- the legality of the 2nd appellant's rejection of the respondent's reinstatement
- the respondent's right to resume employment without loss of benefits or promotion
- damages for unfair labor practices
Reasoning
The court found the respondent's resignation to be unlawful and ordered his reinstatement. It also ruled on the legality of the 2nd appellant's actions regarding the respondent's reinstatement.
Outcome
Affirmed
Orders
- declaration of the respondent's resignation as unlawful
- reinstatement of the respondent without loss of benefits or promotion
- payment of damages for unfair labor practices
Remedies
- reinstatement of the respondent
- payment of damages
Authorities cited
Legislation (1)
- Elections Act
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