Hassan Magiya Kiage v Attorney General & another [2016] KEELRC 1792 (KLR)

The Corporation itself investigated complaints of conflict of interest over the tender award and found them unfounded. It interdicted the Claimant on half pay expressly pending the criminal case, and an acting Finance Manager was appointed only pending conclusion of that case. Terminating the Claimant about a month before his acquittal was therefore unjustifiable and contravened Section 43 as read with Section 45(1) and (2)(a) of the Employment Act, 2007.

The evidence from the 2nd Respondent itself established that the Claimant received no notification of intended termination, was never asked to show cause, and was never brought before a Board disciplinary committee. The employer admitted conducting its own investigations and exonerating him. This violated Section 41 as read with Section 45(2)(c) of the Employment Act, 2007.

Under Section 49(1)(c) of the Employment Act the court may award maximum compensation for wrongful and unlawful loss of employment. Considering the Section 49(4) factors - the exoneration, non-contribution to the termination, long service, diminished employment prospects, and that reinstatement was not pleaded - the court awarded the equivalent of 12 months' gross salary (Kshs.1,693,107.00) plus lost half-pay salary during interdiction (Kshs.564,369.00).

The evidence showed the 2nd Respondent did not contribute to the arrest and prosecution; the complainants to KACC were aggrieved losing bidders, and the employer had exonerated the Claimant. Since the employer played no part, the claim for malicious prosecution and false imprisonment against the Attorney General fell outside the court's jurisdiction and belonged to the High Court Civil Division.