Kimathi v Kenya National Trading Corporation (Judicial Review Application E011 of 2023) [2024] KEELRC 813 (KLR) (28 March 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 813
- Citation
- [2024] KEELRC 813 (KLR)
- Decided
- 28 March 2024
Summary at a glance
TypeJudicial Review ApplicationPostureApplication for leave to commence judicial review proceedingsCoramMativo, OCHARO, Warrington L.
The court granted leave to Kimathi to commence judicial review proceedings and granted a stay of the Respondent's decision.
Facts
Purity Ntibuka Kimathi was employed by Kenya National Trading Corporation Ltd as General Manager, Corporate Services. She was dismissed on February 22, 2023, without a probationary period and without a performance appraisal.
Issues
- constitutionality of the dismissal
- violation of employment contract
- breach of human resource policy
Reasoning
The court found that the dismissal was not in accordance with the employment contract and the human resource policy, and that the performance appraisal was improperly conducted.
Outcome
Grant of leave to commence judicial review proceedings
Orders
- Stay of the Respondent's decision to terminate Kimathi's employment
Remedies
- Quashing the Respondent's decision
- Prohibition against advertising, shortlisting, conducting interviews and selection
- Compelling the Respondent to ensure Kimathi is accorded all benefits as General Manager, Corporate Services
- Compelling the Respondent to pay the remainder of Kimathi's contract term and benefits
Authorities cited
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