Shamwata v Chairman Governing Council Kenya Water Institute (Employment and Labour Relations Cause 2637 of 2016) [2024] KEELRC 301 (KLR) (16 February 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 301
- Citation
- [2024] KEELRC 301 (KLR)
- Decided
- 16 February 2024
Summary at a glance
TypeEmployment and Labour RelationsPostureAppeal from an original trial decisionCoramAN MWAURE
The Court held that Shamwata was effectively absorbed by the Kenya Water Institute and his services were transferred to the institute. The parent Ministry's mandate to upgrade his job group was lost with the appointment of Shamwata to the institute.
Facts
Joseph Ongaya Shamwata was employed by the Kenya Water Institute (KEWI) as an artisan (plumber) on salary scale KW9. He was seconded from the Ministry of Water and Development to KEWI on 18th December 2002. Shamwata claimed arrears of salary and salary increments due to his secondment.
Issues
- Whether Shamwata was solely an employee of the Kenya Water Institute and the parent Ministry had no mandate to upgrade his job group.
- Whether the secondment arrangement preserved Shamwata's pension rights.
Reasoning
The Court found that Shamwata was seconded to the Kenya Water Institute and his services were transferred to the institute. The secondment was to preserve his pension rights, and the parent Ministry's mandate to upgrade his job group was lost with the appointment.
Outcome
Claim dismissed
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