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Nicholas Arani Basweti v Teachers Service Commission [2018] KEELRC 2058 (KLR)

[2018] KEELRC 2058 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2058
Citation
[2018] KEELRC 2058 (KLR)
Decided
11 May 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureClaimant seeks reinstatement of salary and costs, Respondent opposesCoramRadido Stephen
Holding

Granting of ex parte order for reinstatement of salary pending determination of the case

Facts

Claimant was nominated to contest for County Assembly position, Respondent demanded resignation, Claimant contested the demand, Respondent stopped salary, Claimant sought reinstatement of salary and costs

Issues

  1. Claimant's contesting of elections without formal resignation
  2. Employment contract and statutory provisions

Reasoning

Claimant's contesting of elections without formal resignation was contrary to employment contract and statutory provisions. The action by the Respondent lacks contractual and legal backing.

Outcome

Claimant's request for reinstatement of salary granted

Orders

  • Order for reinstatement of salary pending determination of the case

Remedies

  • Reinstatement of salary

Authorities cited

Legislation (5)
  • Employment Contract
  • Public Officers Ethics Act
  • Leadership and Integrity Act
  • Code of Regulations for Teachers
  • Code of Conduct and Ethics
Cases cited (1)
  • Eric Cheruiyot & Ors v IEBC & Ors (2017) eKLR
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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