Republic v Kenya Airports Authority & another Exparte Moses Echwa [2015] KEELRC 946 (KLR)

Summary at a glance

Facts

The Applicant, Moses Echwa, was summarily dismissed by the Kenya Airports Authority on 9th July 2014. He disputes the procedure and seeks judicial review.

Issues

• whether the employment relationship was governed by private or public law
• whether the Applicant was denied natural/ procedural justice
• whether the procedure and remedies in Judicial Review are appropriate

Reasoning

The Human Resources Manual, created by the Board of Directors of the Kenya Airports Authority, is incorporated in the Applicant's contract and brings the dispute within the ambit of public law.

Outcome

The Applicant's application for judicial review is granted.

Orders

• The Applicant is given the opportunity to call witnesses.
• The Respondents are instructed to provide procedural justice to the Applicant before termination.

Remedies

• Procedural justice for the Applicant before termination.

Authorities cited