Emy Amwayi Mattakwa v Kenya Revenue Authority [2022] KEELRC 211 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 211
- Citation
- [2022] KEELRC 211 (KLR)
- Decided
- 29 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramJAMES RIKA
Holding
The Court declared the termination of the Claimant's contract unfair and ordered the Respondent to re-engage the Claimant to work comparable to her previous role, pay withheld salary, and provide compensation equivalent to 12 months' gross salary.
Facts
The Claimant was employed by the Respondent as a Clerical Officer Grade 14, later moved to Customs Department, and was interdicted on various grounds. Her contract was terminated more than 6 years later, leading to a disciplinary process and double jeopardy.
Issues
- Unfair termination of employment
- Discrimination in disciplinary process
- Double jeopardy
Reasoning
The Court found that the termination was discriminatory and violated the Respondent's code of conduct and constitutional rights.
Outcome
In favor of the Claimant
Orders
- Re-engage the Claimant to work comparable to her previous role
- Pay withheld salary
- Provide compensation equivalent to 12 months' gross salary
Remedies
- Re-employment
- Withheld salary
- Compensation
Authorities cited
Legislation (2)
- Constitution of Kenya
- Employee Code of Conduct
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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