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Judicial Service Commission v. Beatrice Nyambune Mosiria

(2020) JELR 100499 (CA)

Court of Appeal  •  Civil Appeal 263 of 2019  •  6 Nov 2020  •  Kenya

Coram
Martha Karambu Koome, Daniel Kiio Musinga, Milton Stephen Asike Makhandia

Judgement

JUDGMENT OF THE COURT

[1] In 2003, Beatrice Nyambune Mosire (the respondent) joined the employment of the Judicial Service Commission (the appellant/JSC) in the position of a District Magistrate 11 (professional). She rose through the ranks to the position of Principal Magistrate. She served in that capacity until February, 2017 when she received a letter from JSC, informing her that her services had been terminated. Aggrieved, the respondent filed a Petition before the Employment and Labour Relations Court (ELRC) claiming that her rights under the various Articles of the Constitution were violated, to wit, Article 47 and 50 (1) of the Constitution, sections 23, 25 (4) and 5 of the 3rd Schedule of the Judicial Service Act (Act); sections 7 (2) (b) and 8 of the Fair Administrative Action Act and section 12 of the Industrial Court Act.

[2] By the said petition, the respondent gave some specific details of several violations that started with a letter dated the 15th August, 2016 informing …

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