Nzioki; Kenya Institute of Management & another (Respondent) (Cause 144 of 2020) [2022] KEELRC 4077 (KLR) (29 September 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 4077
- Citation
- [2022] KEELRC 4077 (KLR)
- Decided
- 29 September 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDefamation CasePosturePreliminary Objection DeclinedCoramJAMES RIKA
Holding
The court finds that the alleged defamation occurred within the context of the employment relationship and thus falls within the court's jurisdiction.
Facts
The claimant Augustine Kituku Nzioki alleged that the CEO of the Kenya Institute of Management, Muriithi Ndegwa, made defamatory statements against him at the workplace.
Issues
- Whether the Employment and Labour Relations Court has jurisdiction to hear the defamation claim.
- Whether the claimant was an employee of the 2nd respondent and thus within the court's jurisdiction.
Reasoning
The court ruled that the defamatory actions by the CEO against the claimant arose within the ambit of the employment relationship, and therefore the court has jurisdiction.
Outcome
The preliminary objection is declined.
Orders
- The preliminary objection is declined.
- Costs in the cause are awarded.
Remedies
- An order of permanent injunction restraining the 2nd respondent from making defamatory statements against the claimant.
- An order for apology to the claimant from the 2nd respondent.
- General and exemplary damages.
- Declaration that termination of the claimant’s contract amounted to constructive dismissal and was unfair and unlawful.
- Payment of terminal benefits and compensation.
- Interest.
- Any other suitable relief.
Authorities cited
Legislation (2)
- Employment and Labour Relations Court Act
- Employment Act
Cases cited (1)
- Mukisa Biscuits v West End Distributors Limited 1969 [EA] 696
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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