Mariko Oluoko Kanga v Kenya Railways Corporation [2014] KEELRC 1017 (KLR)

Facts

The Claimant, Mariko Oluoko Kanga, was employed by Kenya Railways Corporation from 1974. He was arrested in 2006 and suspended without pay, later acquitted and his suspension lifted. The Respondent retrenched him in 2009, backdating the retrenchment to 31 December 2006.

Issues

1. Whether the Claimant's suspension without pay was lawful
2. Whether the backdating of the Claimant's retrenchment was proper
3. The effective date of the Claimant's separation from the Respondent's employment
4. Whether the deductions made from the Claimant's dues were proper
5. Whether the Claimant is entitled to the reliefs sought

Reasoning

The Court held that the suspension was not a disciplinary action but a neutral act requiring an opportunity for the employee to respond. The backdating of the retrenchment was not in compliance with legal obligations.

Outcome

Affirmed the original decision

Authorities cited