Rachel Mutheu Ndambuki v Cabinet Secretary, Ministry of Lands and Physical Planning & 2 others [2020] KEELRC 425 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 425
- Citation
- [2020] KEELRC 425 (KLR)
- Decided
- 6 October 2020
The 1st Respondent's letter and the process through which the decision was reached violated the Petitioner's rights and was declared unconstitutional.
Facts
In 2013/2014, the family of President Uhuru Kenyatta donated 2224 acres of land to resettle squatters in Taita Taveta County. The Petitioner was deployed as the Officer in charge of the Survey Office.
Issues
- constitutionality of the 1st Respondent's letter
- unconstitutionality of the 2nd Respondent's delegation of functions
- violation of Petitioner's rights
- discrimination against the Petitioner
Reasoning
The court found the Respondents' actions unconstitutional and declared them null and void, citing violations of fair labor practices, equality, freedom from discrimination, and access to information.
Outcome
The Petitioner's rights were protected, and she was ordered to continue discharging her duties without undue interference. The Respondents were ordered to pay General Damages and restrained from transferring or disciplining the Petitioner.
Orders
- Certiorari to remove and quash the 1st Respondent's letter
- Order to pay General Damages
- Restraint from transferring or disciplining the Petitioner
Remedies
- General Damages of Kshs. 3.5 million
- Continuation of duties without interference
Authorities cited
Legislation (6)
- Employment Act 2007
- Survey Act, Cap 299
- Universal Declaration of Human Rights
- International Covenant on Economic, Social and Cultural Rights
- African Charter on Human and Peoples' Rights
- Discrimination [Employment and Occupation] Convention No.111
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