Michael Kiptoo v Kenya Medical Training College & another; Ethics and Anti-Corruption Commission & another (Interested Parties) [2021] KEELRC 1928 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1928
- Citation
- [2021] KEELRC 1928 (KLR)
- Decided
- 24 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePosturePetition for Declaration and Damages
Holding
The Court found that the Petitioner's right to a fair hearing was violated and that the termination was unlawful.
Facts
The Petitioner, Professor Michael Kiptoo, was terminated from his position as Chief Executive Officer of Kenya Medical Training College on December 24, 2020. He filed a petition alleging violations of his rights under the Constitution and the Fair Administrative Action Act.
Issues
- Whether the termination violated the Petitioner's right to a fair hearing
- Whether the termination violated the Petitioner's right to fair administrative action
- Whether the Petitioner is entitled to the reliefs sought
Reasoning
The Court considered the Supreme Court's decision in Trusted Society of Human Rights vs Mumo Matemu and found that the Petitioner's right to a fair hearing was violated.
Outcome
The Court declared the termination unlawful and ordered the reinstatement of the Petitioner with full pay and benefits.
Orders
- Reinstatement of the Petitioner with full pay and benefits
Remedies
- Reinstatement with full pay and benefits
- Damages for unlawful and unconstitutional bundling out-of-office
Authorities cited
Legislation (6)
- Constitution of Kenya
- Fair Administrative Action Act
- Witness Protection Act
- Leadership and Integrity Act
- Ethics and Anti-Corruption Act
- Bribery Act
Cases cited (1)
- Trusted Society of Human Rights –vs- Mumo Matemu & 5 Others – Petition No. 12 of 2013 [2014] 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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