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Reuwel Waithaka Gitahi, Ferichina Gathoni Waweru & Gedion Kathila Mutuku & 2 others v. Kenya Revenue Authority

(2020) JELR 93964 (SC)

Supreme Court  •  Petition 43 of 2019  •  30 Apr 2020  •  Kenya

Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu




[1] On 30th May 2016, the Employment and Labour Relations Court (ELRC per Mbaru, J.) declared that the termination of employment of the three Appellants was unfair and ordered their reinstatement. They were all former employees of the Kenya Revenue Authority, the Respondent, which then filed an appeal to the Court of Appeal against the said decision.

[2] On 11th October 2019, the appeal was partly allowed with the Appellate Court finding that the termination aforesaid “was not wrongful” but because the “process of termination was flawed ...,” then the declaration to be given was that “the termination shall be a normal one”. The Appellants are now before this Court challenging the said findings.

[3] Before the appeal could be heard on its merits however, the Respondent filed a Motion dated 6th February 2020 seeking orders to strike out the entire appeal under Article 163(4) and (6) of the Constitution, Sections 2(a), 15, and 16(1) of the Supreme Court Ac…

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