Kinyanjui v Rural Electrification & Renewable Energy Corporation & another (Cause E709 of 2022) [2023] KEELRC 580 (KLR) (10 March 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 580
- Citation
- [2023] KEELRC 580 (KLR)
- Decided
- 10 March 2023
Summary at a glance
TypeLabor DisputePostureInterlocutory Application for Interim Reinstatement and RemunerationCoramSC RUTTO
The 2nd Respondent is not a proper party to the suit and is struck out. The Application for interim reinstatement and remuneration is declined.
Facts
Lucy Kinyanjui was employed as an Accountant III and later as Chief Accountant by Rural Electrification & Renewable Energy Corporation. She was summarily dismissed on allegations of approving irregular payment invoices amounting to Kshs 430,000,000.
Issues
- Whether the 2nd Respondent (FRED ISHUGAH) is a proper party to the suit.
- Whether the Application for interim reinstatement and remuneration is merited.
Reasoning
The Court found the 2nd Respondent not a proper party and declined the interim application due to the lack of a prima facie case and the need for a full trial to determine the fairness of the dismissal.
Outcome
The 2nd Respondent is struck out from the suit. The Application for interim reinstatement and remuneration is declined.
Orders
- The 2nd Respondent’s Preliminary Objection is sustained and the 2nd Respondent is struck out from the suit.
- The Application dated October 3, 2022, is declined.
- Costs shall be in the cause.
Remedies
- Reinstatement and remuneration for August 2022.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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