Kamunyu v Ndegwa & 2 others (Employment and Labour Relations Petition E013 of 2025) [2025] KEELRC 2914 (KLR) (22 October 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2914
- Citation
- [2025] KEELRC 2914 (KLR)
- Decided
- 22 October 2025
The court finds that the Petitioner is entitled to payment of Kshs 5 million in damages for the violation of his constitutional rights and that his right to a fair hearing was breached.
Facts
The Petitioner, Nicholas Kamunyu, was suspended by the 2nd Respondent, Florence Nyokabi, on January 17th, 2025, based on allegations that occurred 15 months prior to his employment with the 3rd Respondent, Safaricom PLC. Despite a previous court order, the Petitioner claims his right to a fair administrative action and a fair hearing was violated.
Issues
- Violation of constitutional rights
- Nullification of suspension letters
- Damages for violation of constitutional rights
- Procedural fairness
Reasoning
The disciplinary process was found to be fundamentally flawed and violated internal policies and constitutional rights. The court also found procedural fairness was denied to the Petitioner.
Outcome
The Petitioner is awarded Kshs 5 million in damages and costs of the petition.
Orders
- An order of permanent injunction restraining the Respondents from intimidating, harassing, or retaliating against the Petitioner.
- The suspension letters are declared null and void.
- The Petitioner is awarded Kshs 5 million in damages for the violation of his constitutional rights.
- The respondents are ordered to pay costs of the petition plus interest at court rates with effect from the date of the judgment.
Remedies
- Damages
- Permanent injunction
Authorities cited
Legislation (3)
- Article 41 of the Constitution
- Article 47 of the Constitution
- Article 50 of the Constitution
Loading judgment…