Alfred Odongo Amombo v Lake Victoria North Water Services Board & another [2017] KEELRC 1370 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1370
- Citation
- [2017] KEELRC 1370 (KLR)
- Decided
- 4 May 2017
The court found the suspension unlawful as there is no proof that the Claimant's terms of service provide for suspension. The termination was also found to be invalid due to the lack of compliance with the Employment Act's procedural requirements.
Facts
The Claimant was Chief Executive Officer of the 1st Respondent, a water services board. The board resolved to replace the Finance Manager as an alternate signatory to the Board's Bank Accounts. The Claimant added the Manager of Human Capital and Planning as a signatory but retained the Finance Manager as an alternate. The board issued a Notice to Show Cause, alleging the Claimant failed to implement the resolution and failed to communicate it to the new signatory.
Issues
- Is the suspension of the Claimant in compliance with the law?
- Is the Claimant entitled to the remedies sought?
Reasoning
The court determined that the suspension was not provided for in the Employment Act and that the termination was not valid due to the absence of proper procedural requirements.
Outcome
The suspension and termination of the Claimant's employment are set aside.
Orders
- The Claimant is entitled to the remedies sought.
Remedies
- Removal of the suspension and reinstatement of the Claimant's employment.
Authorities cited
Legislation (2)
- Employment Act
- Water Act
Cases cited (5)
- Alphonce Machanga Mwachanya Vs Operation 680 Limited
- Fredrick Saundu Amolo v Principal Namanga Mixed Day Secondary School & 2 Others
- Geoffrey Mworia v Water Resources Management Authority & 2 Others
- Nixon Bugo v The Alliance For Green Revolution in Africa
- Professor Gitile Naituli v University Council Multimedia University College and Another
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