Abdi Mohamud Hassan v National Land Commission & another [2015] KEELRC 794 (KLR)
- Court
- Employment and Labour Relations Court
- Case number
- 794
- Citation
- [2015] KEELRC 794 (KLR)
- Decided
- 25 June 2015
- Judge
- HS Wasilwa
- Parties
- raw · defendants · plaintiffs
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureApplication for Interim OrdersCoramHellen S. Wasilwa
Holding
The court finds for the applicant and issues orders to reinstate the applicant's salary and benefits pending the hearing and determination of the application.
Facts
The applicant, Abdi Mohamud Hassan, was issued a show cause letter by the National Land Commission on February 10, 2015, alleging absence from duty. The applicant's salary and benefits were suspended prior to the issuance of the show cause letter.
Issues
- Whether the applicant has established a prima facie case to warrant interim orders
- Whether the withdrawal of the applicant's salary was irregular and in violation of constitutional and procedural rights
Reasoning
The court finds that the withdrawal of the applicant's salary was irregular and in violation of constitutional and procedural rights, and that the applicant has established a prima facie case to warrant interim orders.
Outcome
In favor of the applicant
Orders
- To reinstate the applicant's salary and benefits in the sum of Kshs.226,130/=, medical insurance cover, allowances and other employment benefits until further orders of this Honourable Court with effect from January, 2015
- To set aside the Show Cause letter dated 10 th February, 2015, issued against the Claimant/Applicant by the 1st Respondent and reinstatement of the Claimant’s salary in the sum of Kshs.226,130/=, medical insurance cover, benefits and allowances with effect from January, 2015
Remedies
- Reinstatement of salary and benefits
Authorities cited
Legislation (2)
- Employment Act, Cap 226 Laws of Kenya
- Civil Procedure Rules, 2010
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…