Raphael Munyua Ndung’u v County Government of Lamu & another [2021] KEELRC 453 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 453
- Citation
- [2021] KEELRC 453 (KLR)
- Decided
- 19 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an earlier decision in the Employment and Labour Relations CourtCoramByram Ongaya
Holding
The court finds the termination wrongful, capricious, unreasonable, and contrary to the tenets of Chapter 6 of the Constitution. The claimant is awarded a declaration, compensation, and costs.
Facts
The claimant was appointed as a Member of the County Executive Committee (MCEC) for Health Services and Environment. He was terminated on 03.04.2018 and reinstated by the court on 20.09.2018. The claimant filed a petition for reinstatement, which was granted. The respondents dismissed the claimant on 26.09.2018, citing complaints of misconduct.
Issues
- Whether the termination of the claimant's employment was wrongful and capricious.
- Whether the respondents breached the claimant's constitutional rights.
- Whether the claimant is entitled to service gratuity and other compensation.
Reasoning
The court held that the Employment Act applies to state officers, including the claimant, and that the termination was unreasonable and capricious.
Outcome
Judgment for the claimant
Orders
- Declaration that the termination was wrongful and capricious.
- Compensation of Kshs. 3,938,604.00 (less PAYE) to be paid by 01.12.2021.
- Costs of the petition to be paid by the respondents.
- Transfer of the court file to the Court's Sub-Registry at Malindi within 7 days from the date of this judgment.
Remedies
- Declaration of wrongful termination.
- Compensation for service gratuity and other damages.
- Payment of costs of the petition.
Authorities cited
Legislation (3)
- Employment Act
- County Government Act 2012
- Constitution of Kenya
Cases cited (1)
- County Government of Garissa & Another –Versus – Idriss Aden Mukhtar & 2 Others [2020]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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