Kenneth Nyaga Mwige v Minister for Justice, National Cohesion & Constitutional Affairs & another [2018] KEELRC 120 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 120
- Citation
- [2018] KEELRC 120 (KLR)
- Decided
- 18 December 2018
The unlawful removal from office of the Petitioner was unfair and discriminative, and damages of Kshs. 10,000,000/- are awarded.
Facts
Petitioner Kenneth Nyaga Mwige was the Executive Director of the Public Service Complaints Commission (PCSC). He filed a petition alleging unlawful removal from office by the Minister for Justice, National Cohesion and Constitutional Affairs. He claimed breach of contract, contravention of his fundamental rights, and failure to observe national values.
Issues
- Unlawful removal from office
- Fundamental rights violation
- Contravention of national values
Reasoning
The court found the removal to be unfair and discriminative, citing the breach of constitutional rights and the lack of adherence to constitutional provisions.
Outcome
Petitioner awarded Kshs. 10,000,000/- in damages, costs of the suit, and interest at court rates.
Orders
- Damages of Kshs. 10,000,000/-
- Costs of the Petition
- Interest at court rates
Remedies
- Damages
- Costs
- Interest
Authorities cited
Legislation (15)
- Constitution of Kenya
- Article 22
- Article 27
- Article 28
- Article 41
- Article 47
- Article 40
- Article 2(1) & (4)
- Article 10
- Article 19
- Article 20
- Article 21
- Article 23
- Article 24
- Article 59(4) & (5)
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