Jared Omondi Ober & another v County Government of Homabay [2018] KEELRC 1007 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1007
- Citation
- [2018] KEELRC 1007 (KLR)
- Decided
- 4 October 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from a previous judgmentCoramMathews N. Nduma
Holding
The suspension and dismissal were unlawful, and the claimants are entitled to reinstatement and compensation.
Facts
The claimants were suspended and later dismissed by the respondent for refusing to accept conditional reinstatement, and they sought reinstatement and compensation.
Issues
- Whether the suspension and subsequent dismissal of the claimants was lawful.
- Whether the claimants are entitled to the reliefs sought.
Reasoning
The suspension was beyond the allowed period and the dismissal did not follow the proper disciplinary procedure.
Outcome
Judgment in favor of the claimants
Orders
- Re-engage the claimants to positions equivalent to those held at the time of dismissal.
- Pay each claimant the equivalent of twelve (12) months salary earned at the time of dismissal for the unlawful dismissal.
- Pay the claimants salary not paid for the entire period of suspension after expiry of three (3) months to the date of dismissal.
- Compensation and arrear salary to attract interest at court rates from date of filing suit till payment in full.
- Pay costs of the suit.
Remedies
- Re-engage the claimants to positions equivalent to those held at the time of dismissal.
- Pay each claimant the equivalent of twelve (12) months salary earned at the time of dismissal for the unlawful dismissal.
- Pay the claimants salary not paid for the entire period of suspension after expiry of three (3) months to the date of dismissal.
- Compensation and arrear salary to attract interest at court rates from date of filing suit till payment in full.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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