Fredrick Lisutsa Namusende v Principal Secretary Ministry of Environment and Forestry & another [2019] KEELRC 329 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 329
- Citation
- [2019] KEELRC 329 (KLR)
The Petitioner is awarded reinstatement to the payroll and deployment as prayed for, with all back pay with effect from September 2012. Costs of the Petitioner are to be paid by the 1st Respondent.
Facts
Petitioner was confirmed as a permanent and pensionable employee in 1989 and became District Forest Officer in Lugari District in 2004. He requested a 2-year leave of absence to take up a job with Pan African Paper Mills (EA). The Forest Department was replaced by the Kenya Forest Service in 2005, and the staff were seconded to the Kenya Forest Service. The Petitioner continued working at Pan African Paper Mills until 2014, when he was released to the Ministry of Environment. He has not been deployed or paid since.
Issues
- fairness of the decision to deploy the Petitioner
- constitutionality and lawfulness of the decision
- unfair treatment and loss of earnings
Reasoning
The court found that the Respondents have infringed on the Petitioner's rights to fair administrative action under Article 47 of the Constitution and Article 35 on access to information due to delay and lack of communication.
Outcome
For the Petitioner
Orders
- Reinstatement to the payroll and deployment as prayed for
- Payment of all back pay with effect from September 2012
Remedies
- Reinstatement to the payroll and deployment as prayed for
- Payment of all back pay with effect from September 2012
Authorities cited
Legislation (2)
- Forest Act 2005
- Constitution of Kenya 2010
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