Hassan Magiya Kiage v Attorney General & another [2016] KEELRC 1792 (KLR)

Summary at a glance

Facts

The Claimant was terminated by the 2nd Respondent, Tourism Finance Corporation, on half pay due to a criminal charge. He was acquitted and later sought reinstatement and damages.

Issues

• Whether the termination was justified
• Whether the termination was done in a fair procedure
• Whether the Claimant is entitled to reinstatement and damages
• Whether the court has jurisdiction to hear the malicious prosecution and false imprisonment claims

Reasoning

The court found the termination unjustified and not in accordance with the Employment Act. The Claimant was fully exonerated and had served the company for over six years.

Outcome

Affirmed

Orders

• Reinstatement of the Claimant to his employment
• Payment of lost salary and damages

Remedies

• Reinstatement
• Compensation for lost salary
• Compensation for damages

Authorities cited