Director General, National Intelligence Service & another v Chelimo (Civil Appeal 645 of 2019) [2024] KECA 606 (KLR) (24 May 2024) (Judgment)

Facts

Respondent Vincent Konga Chelimo was dismissed from the National Security Intelligence Service (NSIS) on 30th June 2015. He filed a claim for reinstatement and compensation in the Employment and Labour Relations Court (ELRC). The NSIS appealed the decision.

Issues

1. whether NSIS had valid reasons to institute the disciplinary proceedings against the respondent
2. whether due process was followed

Reasoning

The Court held that the respondent was not heard in person and that the process leading to his dismissal was flawed and un-procedural. The Court considered the factors stipulated in the Employment Act and found that the respondent’s reinstatement would not affect the employer's operations.

Outcome

The appeal is dismissed with no orders as to costs.

Authorities cited