Gitonga v Judicial Service Commission & 3 others (Petition E192 of 2021) [2023] KEELRC 2365 (KLR) (28 September 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2365
- Citation
- [2023] KEELRC 2365 (KLR)
- Decided
- 28 September 2023
The JSC had the constitutional mandate to discipline judicial staff and could delegate its disciplinary powers to a committee or panel.
Facts
Petitioner Charity Gitonga was employed by the Judicial Service Commission (JSC) as a Secretarial Assistant II and later promoted to Office Administrator. She was suspended and later dismissed after allegedly providing her bank account details to her friend, Mr. Waka, who used the funds for undisclosed purposes.
Issues
- Whether the JSC could delegate its disciplinary powers.
- What were the guiding principles on disciplinary proceedings before the JSC?
Reasoning
The court held that the JSC could delegate its disciplinary powers to a committee or panel under section 32 of the Judicial Service Act, and that the JSC had delegated these powers to the Human Resource Management Advisory Committee.
Outcome
Affirmed the dismissal and suspension of the petitioner, but declared the disciplinary proceedings null and void.
Orders
- Order of Judicial Review to quash the charge and suspension and letter of dismissal.
- Unconditional reinstatement and payment of withheld/accrued salaries.
- Declaration that the Judiciary Human Resource Policies and Procedures Manual is unlawful.
- Compensation for the petitioner's fundamental rights and freedoms violated.
- Aggravated and exemplary damages.
- Costs of suit and interest.
Remedies
- Unconditional reinstatement and payment of withheld/accrued salaries.
- Compensation for the petitioner's fundamental rights and freedoms violated.
Authorities cited
Legislation (2)
- Judicial Service Act, Cap 8A
- Constitution of Kenya, 2010
Cases cited (2)
- Barclays Bank of Kenya Ltd & another v Gladys Muthoni & 2 others [2018]
- Rose Wangui Mambo & 2 others v Limuru Country Club & 15 others (2014) eKLR
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