Kirui v Kenya Trade Network Agency (Cause 1429 of 2018) [2022] KEELRC 4030 (KLR) (29 July 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 4030
- Citation
- [2022] KEELRC 4030 (KLR)
- Decided
- 29 July 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDisciplinary ActionPostureAppeal from a disciplinary decisionCoramM MBARŨ, J
Holding
The notice to show cause was procedurally unfair and the interdiction was not justified.
Facts
Claimant was employed as a contact center assistant. He was issued a notice to show cause on January 25, 2018, alleging misconduct involving the Kenya TradeNet system. The claimant was interdicted on January 30, 2018, and disciplinary proceedings were initiated.
Issues
- Whether the notice to show cause was valid and fair
- Whether the interdiction was procedurally fair and justified
Reasoning
The court found the notice to show cause to be procedurally unfair as it did not provide the claimant with a warning letter and did not consider the investigations committee's report. The disciplinary committee's decision was also found to be manifestly unfair.
Outcome
Affirmed the interdiction but set aside the notice to show cause
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (1)
- Lamu County Government & another v Muhammed Ali Shee [2021] 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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