Edwin Onyono & Sherwim Njoroge v Judicial Service Commission (Cause 1252 of 2018) [2019] KEELRC 2478 (KLR) (22 January 2019) (Ruling)

Summary at a glance

Facts

Edwin Onyono and Sherwim Njoroge were employed as legal researchers by the Judicial Service Commission. Their contracts were renewed as Law Clerks with reduced salaries. The Respondent purportedly withdrew the existing contract and offered new contracts for Legal Researchers.

Issues

• Whether the Respondent's withdrawal of the existing contract was valid.
• Whether the Applicants have a justifiable case for the interlocutory reliefs sought.

Reasoning

The Court finds that the Applicants had a contract of employment offered to them on 22nd June, 2018, and signed it accepting it with all its terms. The Respondents did not consider Section 10(5) of the Employment Act in changing the terms of the contract.

Outcome

The Application is granted.

Orders

• The Respondent be and is hereby restrained from altering, amending, withdrawing, varying, terminating or in other way interfering with the accepted contract of employment as contained in the letter of offer dated 22nd June, 2018.

Remedies

• The Respondent be and is hereby restrained from altering, amending, withdrawing, varying, terminating or in other way interfering with the accepted contract of employment as contained in the letter of offer dated 22nd June, 2018.

Authorities cited