Robert Mofat Odhiambo v Harambee Sacco Ltd [2015] KEELRC 1578 (KLR)

Facts

The Claimant, Robert Mofat Odhiambo, was suspended by Harambee Sacco Ltd on August 12, 2014, pending investigations into alleged irregular and fraudulent transactions. The suspension was without pay for seven months.

Issues

1. whether the suspension of the Claimant was lawful before disciplinary action was taken
2. violation of the Respondent's own Human Resource Policies

Reasoning

The Respondent's suspension and salary stoppage were in violation of its own policies, which stipulate a maximum suspension period of three months without pay and the restoration of withheld salary upon termination of disciplinary or criminal proceedings.

Outcome

The Respondent is ordered to pay the Claimant his full salary for the period of suspension and to lift the suspension.