Bahola v Kenya National Union of Teachers Tana River Branch & 3 others (Cause 1 of 2019) [2024] KEELRC 1484 (KLR) (29 April 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1484
- Citation
- [2024] KEELRC 1484 (KLR)
- Decided
- 29 April 2024
Summary at a glance
TypeLabor DisputePostureAppeal from a previous decisionCoramM MBARŨ, J
The claimant was not properly retired by the respondents.
Facts
The claimant was employed as a teacher by the Teachers Service Commission (TSC) in 1980. He was elected as branch executive secretary of the Kenya National Union of Teachers Tana River Branch in 2016. The respondents issued him with retirement notices and terminal notices in 2019.
Issues
- Whether the claimant was properly retired by the respondents.
- Whether the remedies sought should be issued.
Reasoning
The court found that the claimant was born in 1959, and the retirement notice was based on his work record with the TSC. The respondents were not the legal custodians of the work records.
Outcome
The claimant's retirement notices and terminal notices were found to be invalid.
Orders
- The claimant's retirement notices and terminal notices are set aside.
- The claimant is ordered to continue serving under the seconded role with the respondents.
Remedies
- None
Authorities cited
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