Willis Owotsi v Attorney General [2018] KEELRC 457 (KLR)

Summary at a glance

Facts

The plaintiff, Willis Owotsi, was employed by the Attorney General's Chambers as head of accounting unit. He was interdicted, suspended, and dismissed multiple times for alleged fraud and misappropriation of funds. He appealed these decisions but was unsuccessful. The plaintiff subsequently filed a lawsuit seeking damages and reinstatement.

Issues

• Whether the termination of the employment was wrongful, unfair, and unlawful?
• Whether the claimant is entitled to the relief sought?

Reasoning

The termination was found to be unlawful and unfair, and the claimant is entitled to damages and reinstatement.

Outcome

Affirmed

Orders

• A declaration that the interdiction, suspension, and dismissal were wrongful, unfair, and unlawful.
• Award of twelve months' salary in lieu of wrongful termination.
• Reinstatement for purposes of terminal and pension benefits.
• Interest at court rates from the date of judgment till payment in full.
• Commissioner of Labour to compute and report on the package within 120 days.
• Director of pensions to compute and report on the package within 120 days.
• Mention on 20th March, 2019 for a report on computation by the Commissioner of Labour.
• Costs of the claim to be borne by the respondent.

Remedies

• Contractual damages for wrongful, unfair, and unlawful termination of employment.
• Reinstatement for purposes of terminal and pension benefits.
• Interest at court rates from the date of judgment till payment in full.