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Kenya Broadcasting Corporation v. Geoffrey Wakio

(2019) JELR 100120 (CA)

Court of Appeal  •  Civil Appeal 352 of 2017  •  20 Dec 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Wanjiru Karanja, Mohammed Abdullahi Warsame

Judgement

JUDGEMENT OF THE COURT

[1] By a statement of claim dated 3rd April 2012, the respondent herein GEOFFREY MWAKIO, filed a suit in the Employment and Labour Relations Court at Nairobi seeking orders for:

(i) a declaration that the interdiction and subsequent dismissal was unlawful;

(ii) payment of half (1/2) salary for the period of interdiction;

(iii) reinstatement with full payment of salary arrears; or

(iii) Compensation for the unlawful and unfair termination of employment.

[2] The respondent was employed by the appellant, a corporate body, on 22nd January 1985 in the position of Assistant Inspector (Electronics). He served the corporation for a period of about 20 years during which time he was promoted to Senior Inspector, then to senior superintendent. On 6th October 2005 he was arrested on allegations that he, together with 10 others, had colluded to defraud the appellant.

[3] In a letter dated 6thDecember 2005 the respondent was placed on interdiction and put on half (1/2) pay until theā€¦

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