Ochenja v Judicial Service Commission (Petition 146 of 2018) [2019] KEELRC 1344 (KLR) (14 June 2019) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1344
- Citation
- [2019] KEELRC 1344 (KLR)
- Decided
- 14 June 2019
Summary at a glance
TypeDisciplinary PetitionPostureRespondent RespondedCoramHS WASILWA, J
The disciplinary process was flawed and prejudiced the Petitioner. The Petitioner was not given adequate notice, an opportunity to be heard, and cross-examine witnesses.
Facts
Petitioner was dismissed by the Hon. Chief Justice without a hearing. He was summoned to appear before the Judicial Service Commission in his absence, and witnesses testified against him without his cross-examination.
Issues
- Disciplinary process
- Timeousness
- Witnesses in absence
- Cross-examination rights
- Documentary evidence
Reasoning
The disciplinary process violated the Fair Administrative Action Act and the Constitution's procedural fairness requirements. The Petitioner was not given adequate notice, an opportunity to be heard, and cross-examine witnesses.
Outcome
Petitioner's Petition granted
Orders
- Disciplinary proceedings invalidated
- Petitioner reinstated
Remedies
- Invalidation of disciplinary proceedings
- Reinstatement of Petitioner
Authorities cited
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