Mwanyika v Kenya Wildlife Service (Cause E486 of 2021) [2022] KEELRC 4090 (KLR) (4 April 2022) (Judgment)

Facts

The claimant, a female, was offered employment as Head of Corporate Communications by the respondent, a State Corporation. She was placed under probation and suspended on January 20, 2021, and her employment was terminated on May 11, 2021. The claimant alleged unfair, irregular, and unlawful suspension and termination.

Issues

1. Fairness of the suspension and termination
2. Constitutional rights violation
3. Loss of terminal dues

Reasoning

The court found that the suspension was based on the claimant's failure to disclose a pending criminal case in Mombasa, as required by the Anti-Corruption and Economic Crimes Act. The termination was also justified as the claimant was found to have failed to disclose this information during the probation period.

Outcome

Affirmed

Authorities cited