Oyagi v Nairobi City County (Employment and Labour Relations Cause E654 of 2021) [2024] KEELRC 736 (KLR) (4 April 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 736
- Citation
- [2024] KEELRC 736 (KLR)
- Decided
- 4 April 2024
The court found that the interdiction was irregular and ordered reinstatement and payment of arrear salary and allowances. However, the claim for damages arising from malicious prosecution against the respondent is dismissed.
Facts
Claimant Violet Oyagi was employed by Nairobi City County as a Legal Officer. She was interdicted on April 23, 2018, and acquitted of criminal charges in December 2020. She sought reinstatement and damages.
Issues
- Whether the claimant has been paid full arrear remuneration
- Whether the claimant has proved a case of malicious prosecution
- Whether the claimant is entitled to the reliefs sought
Reasoning
The court ruled that the interdiction was irregular and ordered reinstatement and payment of arrear salary and allowances. The claim for damages arising from malicious prosecution is dismissed due to the absence of the Director of Public Prosecutions as a respondent.
Outcome
The claimant's suit is dismissed with costs.
Orders
- Reinstatement of the claimant to her employment with all perks and privileges
- Payment of arrear salary and allowances
Remedies
- Reinstatement of the claimant to her employment
- Payment of arrear salary and allowances
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