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Reuben Wamukota Sikulu v. Director of Human Resource Management, Ministry of Devolution & Planning,Principal Secretary Ministry of Devolution & Planning & Attorney General;Public Service Commission (Interested Party)

(2020) JELR 95069 (CA)

Court of Appeal  •  Civil Appeal 186 of 2018  •  7 Feb 2020  •  Kenya

Coram
Martha Karambu Koome, Wanjiru Karanja, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

[1] The labour dispute that has escalated to this appeal emanates from the judgment and decree of the Employment and Labour Relations Court (ELRC) (Nzioka wa Makau, J.) dated 5th December, 2017. In a petition dated 1st August, 2013, Reuben Wamukota Sikulu (appellant) claimed that while working as an employee in public service under the Ministry of Devolution and Planning (formerly Ministry of Local Government) the 1st and 2nd respondents violated his right to, inter alia, fair administrative action by failing to take action expeditiously regarding his complaints of intimidation, frustration, mistreatment and victimization by his supervisor. That he was bypassed for promotion by his colleagues in 2011 although during the pendency of the petition, he was promoted to Job group ‘K’ on 11th February, 2016; that he was entitled to refund of school fees paid to Masinde Muliro University among other prayers.

[2] The respondents strenuously opposed the petition arguing that…

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