Dismas Juma Wanasibwa v National Police Service & 2 others [2014] KEELRC 62 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 62
- Citation
- [2014] KEELRC 62 (KLR)
- Decided
- 10 December 2014
Summary at a glance
TypeLabor DisputePosturePetition for Lifting of Interdiction and Interrogation of Interdiction Letter
The Court found that the evidence at the trial did not establish a prima facie case of desertion, leading to the acquittal. The Court also found that the interdiction was premature and that the evidence did not disclose a prima facie case against the Petitioner.
Facts
The Petitioner was interdicted from work on 7th October 2011 for desertion of duty for 23 days. He was later acquitted of the charge in the Chief Magistrate's Court on 29th September 2012.
Issues
- Interdiction of the Petitioner's employment
- Interrogation of the Interdiction Letter
- Application of Articles 2, 10, 19, 21, 22, 23, 24, 47, and 50(2) of the Constitution
- Threat to infringement of fundamental rights and freedoms
- Intended disciplinary proceedings after acquittal in Criminal Case No. 3951 of 2011
Reasoning
The Court ruled that the interdiction was premature and that the evidence did not disclose a prima facie case against the Petitioner.
Outcome
The Petitioner was acquitted of the charge and the interdiction was lifted.
Orders
- Lifting of the interdiction from the Petitioner's employment
- Interrogation of the Interdiction Letter
Authorities cited
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