James Mungai Muhia v Kenya National Union of Teachers & 2 others [2020] KEELRC 30 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 30
- Citation
- [2020] KEELRC 30 (KLR)
- Decided
- 12 October 2020
The Court finds the suspension illegal, null, and void. The Claimant is entitled to Kshs. 378,805.80, interest at 14% per annum, and costs on the lower scale.
Facts
The Claimant, James Mungai Muhia, was suspended by the Kenya National Union of Teachers (KNUT) and its branch in Nakuru. The suspension was based on allegations of dishonesty, failure to obey BEC decisions, and abuse of office. The Claimant had previously been unlawfully terminated in 2018 for the same reasons.
Issues
- Whether the suspension was warranted and lawful
- Whether due procedure and principles of fair trial were followed
- What remedies are available to the Claimant
- Who should bear the costs of the suit
Reasoning
The Court agreed with Nduma J. in Joshua O. Ogalo v Kenya National Union of Teachers (KNUT) & Another (supra) and upheld the retirement age clause of the KNUT constitution. The Court ordered the Respondents to pay the Claimant Kshs. 378,805.80 and interest, and to meet the Claimant's costs on the lower scale.
Outcome
Judgment for the Claimant
Orders
- Payment of Kshs. 378,805.80 to the Claimant
- Payment of interest at 14% per annum from the date of judgment till payment in full
- Meeting the Claimant's costs on the lower scale
Remedies
- Payment of Kshs. 378,805.80
- Interest at 14% per annum
- Meeting the Claimant's costs on the lower scale
Authorities cited
Cases cited (1)
- Judicial Hints on Civil Procedure, 2nd Edition, (Nairobi) Law Africa) 2011
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