JUDICIAL SERVICE COMMISSION V. RUTH MUTHONI NJAU
(2024) JELR 112260 (CA)
Court of Appeal
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CIVIL APPEAL (APPLICATION) NO. E051 OF 2024
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12 Jul 2024
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Kenya
Coram
S. GATEMBU KAIRU, FCIArb., JA
J. LESIIT, JA
G. W. NGENYE-MACHARIA, JA
Judgement
<p style="text-align: center"><strong><u>RULING</u></strong></p><ol><li><p style="text-align: justify">The <strong><em>Judicial Service Commission</em></strong>, the applicant herein has by an application dated 9th February 2024 brought under <strong><em>rules 5(2) (b), 43 </em></strong>and <strong><em>44 (1)&(2) </em></strong>of the <strong><em>Court of Appeal Rules </em></strong>sought an order of stay of execution of the decree of Nairobi ELRC (<strong><em>Ocharo, J.) </em></strong>delivered on 20th December 2023 in <strong><em>ELRC Cause No. E766 of 2021 </em></strong>pending the hearing of the appeal.</p></li><li><p style="text-align: justify">By his judgment delivered on 20th December 2023, Ocharo, J. entered judgment in favor of <strong><em>Ruth Muthoni Njau</em></strong>, the respondent herein for wrongful termination of her employment by the applicant. She had challenged her dismissal from employment on the grounds that it was without a fair hearing and was contrary to the terms of the Employment Contract, the Commission’s Policy, the Employment Act and the principles of natural justice. The learned Judge made orders, <em>inter alia</em>; a declaration that the summary dismissal of the respondent from employment was procedurally and substantively unfair, and issued an order…</p></li></ol>