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Kenya Revenue Authority v. James Omondi Were

(2020) JELR 99930 (CA)

Court of Appeal  •  Civil Appeal 406 of 2018  •  22 May 2020  •  Kenya

Coram
Roselyn Naliaka Nambuye, Hannah Magondi Okwengu, William Ouko

Judgement

JUDGEMENT OF THE COURT

The appeal arises from the Judgment of the Employment and Labour Relations Court (ELRC) of Kenya at Nairobi (Hon. Mr. Justice Byram Ongaya, J.) dated 31st July, 2018.

The background to the appeal is that, the Respondent was employed by the Appellant in its Customs Department. He allegedly worked diligently until 12th October, 2015 when he was retired from the Appellant’s service in the ‘authority’s interest’. He filed a statement of claim dated 24th May,2017 challenging the Appellant’s decision to retire him in the ‘Authority’s interest’, alleging that, the disciplinary procedures resulting in his retirement ‘in the authority’s interest’, were flawed and discriminatory; that the Appellant leveled against him allegations of misconduct in respect of which he was served with a notice to show cause. He successfully defended himself against those allegations before the Appellant’s disciplinary tribunal which found those allegations unfounded and therefore absolved him …

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