Robert Karani v Ethics and Anti-Corruption Commission (Petition 56 of 2015) [2020] KEELRC 1025 (KLR) (Employment and Labour) (29 May 2020) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1025
- Citation
- [2020] KEELRC 1025 (KLR)
- Decided
- 29 May 2020
The Petitioner's contract was terminated unilaterally and arbitrarily by the Chief Executive Officer, violating the law.
Facts
Petitioner was offered employment as an Operations Assistant by the Kenya Anti-Corruption Commission, which was later succeeded by the Ethics and Anti-Corruption Commission. The contract was for 3 years with a 12-month extension. The Petitioner was appraised multiple times and had a work-related issue with a Principal Administrative Officer over an official vehicle accident. The Commission later terminated his contract due to career development concerns.
Issues
- Constitutional violations
- Unlawful termination of employment
- Discrimination
- Freedom and security of the person
- Fair labour practices
- Fair administrative action
Reasoning
The Court found that the termination was not justified and violated the Petitioner's rights to freedom and security of the person, fair labour practices, and fair administrative action.
Outcome
The Petitioner was awarded compensation of Kshs 620,000 and costs on a half-scale.
Orders
- A declaration that the Chief Executive Officer violated the law by unilaterally and arbitrarily terminating the Petitioner's contract of employment.
- Compensation of Kshs 620,000
Remedies
- A declaration that the Petitioner's freedom and security of the person was violated.
- A declaration that the Petitioner's right to equality and freedom from discrimination was violated.
- A declaration that the Petitioner's right to fair labour practices was violated.
- A declaration that the Petitioner's right to fair administrative action was violated.
- An order expunging from records all emails/letters that are inaccurate and false.
- General damages for violation of the Petitioner's constitutional rights and freedoms.
Authorities cited
Legislation (1)
- Ethics and Anti-Corruption Commission Act
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