John Sigura Otido v Energy Regulatory Commission & another [2018] KEELRC 2357 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2357
- Citation
- [2018] KEELRC 2357 (KLR)
- Decided
- 23 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureAppeal from an original trial decisionCoramNzioki wa Makau
Holding
The Court finds no merit in the applications presented by the applicant and orders that both be dismissed with costs to the Respondents.
Facts
The applicant was employed as Head of Security by the Energy Regulatory Commission. On September 6, 2017, the acting Director General interdicted the applicant to facilitate investigations into allegations of extortion and intimidation. The applicant sued the respondents, stating the issue in dispute as unfair, illegal, and unlawful interdiction.
Issues
- Whether the interdiction was contrary to the Human Resources Policies and Manual for the Public Service, 2016.
- Whether the applicant was entitled to a hearing before being interdicted.
Reasoning
The Court does not find that the interdiction was contrary to the Human Resources Policies and Manual. The Court also concludes that the applicant did not demonstrate a prima facie case for a hearing before interdiction.
Outcome
Dismissed with costs
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (4)
- McLory v Post Office (1993) IRLR 159
- Aviation & Allied Workers Union v Kenya Airways Ltd (2012) eKLR
- Joseph Mutura Mberia & Ar v Council of Jomo Kenyatta University of Agriculture and Technology (2013) eKLR
- Booysen v The Minister of Safety and Security & Or (2011) 1 BLLR 83 (LAC)
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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