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Judicial Service Commission & Chief Registrar of the Judiciary v. Lucy Muthoni Njora

(2020) JELR 100501 (CA)

Court of Appeal  •  Civil Appeal (Application) 486 of 2019  •  24 Apr 2020  •  Kenya

Coram
Wanjiru Karanja, Hannah Magondi Okwengu, Fatuma sichale

Judgement

RULING OF THE COURT

1. Lucy Muthoni Njora, the respondent herein was employed by the Judicial Service Commission (1st applicant). At the material time, she was deployed in the Supreme Court as a Deputy Registrar of that Court. On the 15th of June, 2016 she was served with a letter of interdiction accusing her of gross misconduct. Subsequently, disciplinary proceedings were initiated by the 1st applicant. On 26th January, 2018 the respondent was served with a letter from the 1st applicant terminating her employment. The respondent who was aggrieved filed a suit in the Employment and Labour Relations Court against the 1st applicant and the Chief Registrar of the Judiciary (2nd applicant).

2. On the 20th September, 2019 the E&LRC (Abuodha, J) delivered a judgment in which it declared that the disciplinary proceedings involving the respondent and her eventual termination from service were unfair, lacked valid reasons, and therefore null and void. Consequently, the learned Judge ordered …

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