Anthony John Mbithi v Public Service Commission & 3 others [2020] KEELRC 597 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 597
- Citation
- [2020] KEELRC 597 (KLR)
- Decided
- 30 July 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePosturePetition for conservatory order and other reliefCoramBYRAM ONGAYA
Holding
The court ordered the 4th respondent to commence disciplinary proceedings against the petitioner and to pay his costs.
Facts
The petitioner, Anthony John Mbithi, was a Senior Gaming Assistant seconded to Nairobi County Government. He alleged that he was unlawfully obstructed from performing his duties and his salary was stopped. He also claimed that he was not given a fair hearing.
Issues
- Conservatory order to prevent termination of employment
- Reinstatement and arrears of salary
- Fair hearing and natural justice
Reasoning
The court found that the petitioner was unlawfully obstructed from performing his duties and denied a fair hearing, violating the Constitution and principles of natural justice.
Outcome
The application was granted, and the 4th respondent was ordered to pay the petitioner's costs.
Orders
- Conservatory order to prevent termination of employment
- Reinstatement and arrears of salary
- Notice to show cause to the Minister for Finance, Nairobi County
Remedies
- Conservatory order
- Reinstatement and arrears of salary
- Notice to show cause
Authorities cited
Legislation (3)
- Constitution of Kenya
- Public Service Act
- Employment Act
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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