GILBERT MOKAYA OMBUKI V. KENYA PORTS AUTHORITY

JUDGMENT OF THE COURT

1. Litigation in respect of this matter began before the Senior Resident Magistrates’ court at Mombasa where the appellant, a former employee of the respondent, filed Civil Suit No. 1245 of 2006 seeking a declaration that his dismissal from employment was irregular and unlawful. He sought reinstatement to his employment. He was not successful. His suit was dismissed by that court on 4^th February 2009.

2. He appealed that decision to the Employment and Labour Relations Court (ELRC) Mombasa. In a judgment delivered on 23^rd September 2016, the ELRC (O. Makau, J.,) allowed the appeal. The court agreed with the appellant that his dismissal was not done in accordance with the procedure provided in the respondent’s staff regulations. The court however declined the appellant’s prayer for an order of reinstatement to employment. Instead, the court ordered the respondent “to calculate and pay the appellant dues available to him under his contract of employment .”

3. On 13^th J…