Wilfred Onserio Metobo v Wilfred Onserio Metobo & another [2016] KEELRC 470 (KLR)

Summary at a glance

Facts

The applicant, Wilfred Onserio Metobo, was accused of soliciting bribes and receiving money under false pretenses. He was issued show cause letters and later an interdiction letter, leading to disciplinary proceedings.

Issues

• Whether the applicant's rights under the Employment and Labour Relations Court Act and Employment Act have been violated.
• Whether the disciplinary process against the applicant was procedurally fair and just.

Reasoning

The court found that the disciplinary process was not procedurally fair and that the applicant's rights were violated.

Outcome

The motion for temporary and mandatory injunction is granted.

Orders

• Certified as urgent.
• Issued a temporary injunction against the respondents from proceeding with the disciplinary process.
• Issued a mandatory injunction to re-instate the applicant to his position on full pay and allowances.
• Issued a temporary injunction restraining the respondents from proceeding with any disciplinary process based on unsubstantiated allegations.

Remedies

• Reinstatement to position on full pay and allowances.
• Prohibition of further disciplinary actions based on unsubstantiated allegations.

Authorities cited