Muriithi v Office of Auditor - General (Cause 1071 of 2018) [2023] KEELRC 3283 (KLR) (15 December 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3283
- Citation
- [2023] KEELRC 3283 (KLR)
- Decided
- 15 December 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a consent orderCoramMaureen Onyango, J RIKA
Holding
Claimant's salary arrears are declared and ordered to be paid
Facts
Claimant Muriithi was employed as a Driver by the Office of Auditor-General. He developed a severe headache and was diagnosed with depressive illness. He was suspended without notice and did not receive salary. He was later found with the vehicle at a private garage.
Issues
- Claimant's entitlement to salary arrears
- Validity of suspension
- Claimant's reinstatement
Reasoning
Claimant was available for work and the suspension was illegal and unfair. The Respondent did not terminate the contract and the Claimant was reinstated.
Outcome
Claimant's salary arrears are awarded and interest is allowed
Orders
- Respondent to compute and pay arrears of salary
- Respondent to pay interest at court rate from 17th September 2018
Remedies
- Declaration of illegal and unfair suspension
- Payment of arrears of salary
- Payment of interest
Authorities cited
Legislation (1)
- Constitution of Kenya
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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