Sikuku v Kenya National Trading Corporation (KNTC) (Employment and Labour Relations Petition E203 of 2024) [2025] KEELRC 2014 (KLR) (30 June 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2014
- Citation
- [2025] KEELRC 2014 (KLR)
- Decided
- 30 June 2025
The court finds that the petitioner's dismissal was fair and procedurally just, and that his constitutional rights were not infringed. The petitioner is not entitled to reinstatement or compensation.
Facts
The petitioner, Amos Juma Sikuku, was dismissed by the Kenya National Trading Corporation (KNTC) on allegations of non-compliance with the Public Procurement and Asset Disposal Act, 2015. The petitioner sought a declaration that the dismissal was unfair, unreasonable, and a violation of his constitutional rights.
Issues
- Whether there were valid reasons to warrant the petitioner’s dismissal.
- Whether the petitioner's constitutional rights were infringed upon by the respondents.
- Whether the petitioner is entitled to the remedies sought.
Reasoning
The court upholds the respondent's decision, finding that the petitioner was given adequate notice and an opportunity to present his case. The court also notes that the petitioner failed to exhaust local remedies and that reinstatement and compensation are not warranted.
Outcome
Affirming the respondent's decision to dismiss the petitioner from employment.
Orders
- Declining the petitioner's request for reinstatement.
- Declining the petitioner's request for compensation.
Authorities cited
Legislation (2)
- Public Procurement and Asset Disposal Act, 2015
- Fair Administrative Action Act
Cases cited (3)
- Evans Thiga Gaturu & Another v Naiposha Company Ltd & 13 Others
- Indru Ramchand Bharvani & others v Union of India & others
- Speaker of the National Assembly v Karume
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