Benson M Nyamai v Teachers Service Commission [2015] KEELRC 1567 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1567
- Citation
- [2015] KEELRC 1567 (KLR)
- Decided
- 13 March 2015
Summary at a glance
TypeEmployment DisputePostureAppeal from a lower court decisionCoramMATHEWS N. NDUMA
The court dismisses the suit and does not order reinstatement or compensation.
Facts
The Claimant, Benson M. Nyamai, resigned from his position as an Assistant Teacher at Muani Primary School in Mukaa District to contest a parliamentary seat. He requested for reinstatement after the general elections but was unsuccessful.
Issues
- Claimant's right to reinstatement
- Claimant's right to compensation
- Negligence by Respondent
Reasoning
The court finds that the Claimant voluntarily resigned and there is no evidence of negligence or violation of human rights by the Respondent. The court recommends re-employment subject to applicable laws.
Outcome
The suit is dismissed.
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