Republic v Public Service Commission & another; Mathiu (Ex parte) (Miscellaneous Application 3 of 2016) [2017] KEELRC 1329 (KLR) (19 May 2017) (Judgment)

Facts

The applicant was dismissed from the public service on 11.08.2000 for gross misconduct, with a right to appeal within 6 weeks. The applicant did not appeal. The 1st Respondent stated the applicant had to exhaust the appeal process before invoking the court's jurisdiction.

Issues

1. Whether the proceedings and decision subject of the order of certiorari are the letter conveying the decision dated 01.12.2000 and as exhibited on the verifying affidavit.
2. Whether the disciplinary process involving the appointment of an inspector and due process of investigating the allegations was followed.
3. Whether the dismissal was in violation of the regulations and the Act.

Reasoning

The court finds that the proceedings and decision were undertaken and arrived at in clear contravention of the statutory provisions as prescribed in the cited provisions of the regulations and the Act.

Outcome

Judgment is hereby entered for the applicant against the respondents for the judicial review order of certiorari quashing the decision of the 1st Respondent and all proceedings leading to that letter.

Authorities cited