Samson Kipkoech Chemai v Richard Erskine Leakey & 2 others [2017] KEELRC 518 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 518
- Citation
- [2017] KEELRC 518 (KLR)
The 1st and 2nd respondents did not have the constitutional authority to terminate the claimant's appointment as Ambassador/High Commissioner and the termination was illegal and unconstitutional.
Facts
The claimant, Ambassador Samson Kipkoech Chemai, was appointed as Kenya's Ambassador to the United States of America, the United Mexican State, and the Republic of Colombia. He was recalled in October 1999 and terminated in March 2000 by the 1st and 2nd respondents, Richard Erskine Leakey and Dr. Sally Jemg'etich Kosgey, without the authority of the President of the Republic of Kenya.
Issues
- Whether the 1st and 2nd respondents had the contractual, statutory, and constitutional authority to terminate the claimant's appointment as Ambassador/High Commissioner
- If the authority was exercised lawfully and fairly
- What remedies, if any, are available to the claimant
Reasoning
The termination was contrary to the Constitution of Kenya at the time, as the Public Service Commission was expressly restricted from terminating the claimant's appointment.
Outcome
Affirmed
Authorities cited
Legislation (3)
- Section 111(2) of the former constitution
- Section 107(1) of the repealed constitution
- Section 107(4)(e) of the repealed constitution
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