Enock Nyakundi Onchwari v National Authority for the Campaign Against Alcohol and Drug Abuse & 2 others [2016] KEELRC 623 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 623
- Citation
- [2016] KEELRC 623 (KLR)
- Decided
- 7 October 2016
Summary at a glance
TypeJudicial ReviewPostureEx parte application transferred from High Court to Employment and Labour Relations CourtCoramJudge Githua
The court found that the process leading to the suspension was unprocedural and against the principles of natural justice.
Facts
Enock Nyakundi Onchwari was appointed as the acting Chief Executive Officer (CEO) of the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) on 8th May 2014. He was subsequently suspended by NACADA on 28th October 2015.
Issues
- Whether the suspension was procedurally fair and in accordance with natural justice
- Whether the applicant was entitled to a fair hearing and administrative action
Reasoning
The court held that the applicant was not given an opportunity to present his side of the case and that the disciplinary procedure was not followed as per the human resource manual.
Outcome
The court granted the applicant's application for certiorari to remove the decision of the respondents to suspend him and quashed the decision.
Orders
- To remove the decision of the respondents to suspend the applicant
- To quash the decision of the respondents to suspend the applicant
- To reinstate the applicant to his position with the respondent
Remedies
- To give further orders and directions as the court may deem meet and just
- To provide costs for the applicant
Authorities cited
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