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Kenya Electricity Transmission Company Limited v. Agnes Ongadi

(2018) JELR 100061 (CA)

Court of Appeal  •  Civil Appeal 284 of 2016  •  9 Feb 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal from the Ruling of Employment and Labour Relations Court (ELC) allowing the respondent’s interlocutory application in the following terms:

“(a) the respondent is hereby restrained from recruiting other persons for the positions held by the claimant as Chief Manager Human Capital and Administration or as Chief Manager Human Resource and Administration;

(b) The disciplinary process against the claimant commenced vide show cause dated 5th April 2016 is unlawful and a nullity;

(c) The suspension against the claimant commencing 28th April, 2016 is hereby lifted;

(d) the claimant shall resume her duties as allocated and assigned by her supervisor with the respondent on 17th October, 2016 at 8.30 a.m.;

(e) The claimant shall be paid all salaries and benefits due to her office as held 1st July, 2016.”

[2] The respondent is employed by the appellant (a Government owned company) as Chief Manager, Human Capital and Administration on permanent and pensionable …

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