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Phyllis Kajuju M’ikiugu v Principal Secretary, Ministry of National Treasury & Planning & another [2020] KEELRC 1176 (KLR)

[2020] KEELRC 1176 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1176
Citation
[2020] KEELRC 1176 (KLR)
Decided
30 April 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramHON. LADY JUSTICE HELLEN WASILWA
Holding

The application is dismissed

Facts

The claimant, Phyllis Kajuju M'ikiugu, was employed as a typist in 1992 and rose through the ranks to become a Senior Personal Secretary at the Ministry of National Treasury and Planning. She was sent to Arusha for training in 2015 and later dismissed.

Issues

  1. Whether the claimant's employment was unlawfully withheld
  2. Whether the claimant is entitled to reinstatement and other reliefs

Reasoning

The court found that reinstatement cannot be granted at this stage due to the dismissal and that the matter should proceed on priority basis.

Outcome

Appeal dismissed

Authorities cited

Legislation (3)
  • Employment and Labour Relations Court (Procedure) Rules
  • Employment and Labour Relations Court Act
  • Civil Procedure Act
Cases cited (2)
  • Anthony Omari Ongera Vs Teachers Service Commission (2017) eKLR
  • Olive Mwihaki Mugenda & Another Vs Okiya Omutata Okoiti & 4 Others (2016) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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