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Kenya Ports Authority v. Salome Lilian Etenyi

(2018) JELR 99977 (CA)

Court of Appeal  •  Civil Appeal 82 of 2017  •  7 Jun 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. Salome Lilian Etenyi (the respondent) was initially engaged by Kenya Ports Authority (the appellant) as a Clerical Assistant in the year 1988 and subsequently promoted on 13th May, 2003 to the position of a Senior Clerical Assistant. It seems sometime in the year 2005 an attempt to fraudulently remove about 8 containers from the Port was unearthed. Consequently, a Committee of Inquiry was established by the appellant to investigate several officers, including the respondent, who were believed to have been participants therein. Upon the conclusion of that inquiry which took place from 26th April, 2005 to 18th May, 2005 the Committee recommended the respondent’s interdiction pending further investigations. As a result, by a letter dated 30th June, 2005 the respondent was not only interdicted but was also required to show cause why she should not be dismissed from employment which she did by a letter dated 8th July, 2005.

2. Meanwhile, the respondent and other susp…

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