Atisiaya v National Social Security Fund & another (Petition E208 of 2022) [2023] KEELRC 2212 (KLR) (25 September 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2212
- Citation
- [2023] KEELRC 2212 (KLR)
- Decided
- 25 September 2023
The court finds that the petitioner's right to human dignity was violated by the withholding of his salary, and that his right to fair hearing and administration of justice was violated by the retirement decision.
Facts
Petitioner Julius Miheso Atisiaya was employed by the Office of the Auditor General and later transferred to the National Social Security Fund. He claims his date of birth was incorrectly recorded on his identity card, leading to his retirement at the age of 58.
Issues
- Whether the petitioner's right to be treated with dignity was violated by withholding his salary.
- Whether the National Social Security Fund was justifiably retiring the petitioner.
- Whether the petitioner is entitled to the reliefs sought.
Reasoning
The court held that the withholding of salary was degrading and inhumane, and that the retirement decision was not made through a fair process.
Outcome
The court declared that the petitioner's right to human dignity was violated and ordered the 1st Respondent to pay the petitioner's salary for the month of November 2022.
Orders
- Order for the 1st Respondent to pay the petitioner's salary for the month of November 2022.
Authorities cited
Legislation (2)
- Constitution of Kenya, 2010
- Civil Procedure Act (Chapter 21 of the Laws of Kenya)
Cases cited (1)
- Jonathan Spangler v Centre for African Family Studies (2017) eKLR
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