Patrick Wafula Kuloba v Director/Chief Executive Officer, Kenya Industrial Research & Development Institute [2021] KEELRC 2294 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2294
- Citation
- [2021] KEELRC 2294 (KLR)
- Decided
- 22 January 2021
Summary at a glance
The court held that the suspension was not lawful and fair, and ordered the reinstatement of the claimant.
Facts
The claimant, Patrick Wafula Kuloba, was employed by the Kenya Industrial Research and Development Institute (KIRDIs) in 1997. On 28 April 2020, he wrote a letter to the respondent alleging that his work was being hampered by the Deputy Director, Research, Technology and Innovation. The respondent issued a Notice to show cause, claiming that the letter amounted to insubordination. The claimant responded to the Notice. On 3 August 2020, the claimant was suspended indefinitely without basic salary.
Issues
- Whether the suspension issued on 3rd August, 2020 was lawful and fair
- Whether the claimant is entitled to general damages
- Whether the claimant is entitled to the reliefs sought
Reasoning
The court found that the claimant had not committed any gross misconduct and that the suspension was not in accordance with KIRDIs Human Resource Policies and Procedures.
Outcome
The claimant was ordered to be reinstated to his work.
Orders
- Reinstatement of the claimant to his work
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…