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Kenya Revenue Authority v. Reuwel Waithaka Gitahi, Ferichina Gathoni Waweru & Gedion Kathila Mutuku

(2019) JELR 99925 (CA)

Court of Appeal  •  Civil Appeal 66A of 2017  •  11 Oct 2019  •  Kenya

Coram
Philip Nyamu Waki, Mohammed Abdullahi Warsame, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The appellant, Kenya Revenue Authority (KRA) seeks to challenge orders of the Employment and Labour Relations Court (ELRC) (Monica Mbaru, J.) made on 30th May 2016, declaring that the employment of the three respondents herein was unfairly terminated; the respondents be reinstated to their former ranks without loss of rank; back salaries, bonuses and allowances be paid within 30 days; the respondents report back to their former stations on 2nd June 2016; and that the benefits paid to the respondents during their suspension be taken into account. The respondents were also awarded costs of the suit. The same court rejected a subsequent application seeking stay of execution pending appeal.

The record is bulky but the antecedent facts may be briefly stated.

At all times material to the appeal, the 1st respondent was the chief cashier, and the 2nd and 3rd respondents were cashiers under him, in the Road Transport Department where KRA collected motor vehicle inspection fe…

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