Lydia Temko Nandemu v Masinde Muliro University of Science and Technology [2016] KEELRC 143 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 143
- Citation
- [2016] KEELRC 143 (KLR)
- Decided
- 3 November 2016
The court held that the applicant is entitled to the orders lifting the suspension as the suspension period of 21 days has lapsed without any investigations or disciplinary process concluding.
Facts
The applicant, Lydia Temko Nandemu, was suspended from duty by the Respondent, Masinde Muliro University of Science and Technology, on August 17, 2016, for misconduct. The suspension was for half pay and was intended to facilitate investigations. The applicant was informed that investigations had concluded on August 23, 2016, and was required to show cause for disciplinary action.
Issues
- Whether the applicant is entitled to orders lifting the suspension
Reasoning
The court ruled that the suspension cannot exceed 21 days except in specific circumstances, none of which apply in this case. The court found that the applicant is entitled to reinstatement as the 21-day period has expired without any investigations or disciplinary process concluding.
Outcome
The court granted the applicant's application to lift the suspension and compel the Respondent to resume payment of full monthly salary.
Orders
- Order to lift suspension
- Order to resume payment of full monthly salary
Remedies
- Lifting of suspension
- Compulsory payment of full monthly salary
Authorities cited
Legislation (1)
- Collective Bargaining Agreement
Loading judgment…