George Ojwok Aluma v Lake Victoria North Water Services Board Kakamega-Busia Water Supply;Kakamega County Water & Sanitation Company Limited & 3 others (Interested Parties) [2019] KEELRC 1677 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Prolonged interdiction and suspension on half pay
It amounted to an unfair labour practice, breached natural justice and constituted harassment and a negation of human dignity
The claimant was interdicted in June 2014 on an undated letter, responded to the show cause letter denying the charges, and was then suspended while disciplinary charges remained unresolved for over four years until his retirement on 22nd January 2018. He remained attached to the respondent and could not offer services elsewhere. The court held such prolonged pendency of charges was a travesty and denied the employee a fair hearing.
Remedies for the unfair labour practice
Full salary (the unpaid half) and benefits from interdiction to retirement, and terminal benefits including pension computed on full salary with accrued increments
Having held that the half-pay interdiction and suspension were unfair, the court awarded the withheld half of the salary for the entire period from June 2014 to 22nd January 2018 and directed that pension and terminal benefits be recalculated to take account of the full salary of Kshs. 41,595 and accrued increments, with the computation to be filed in court within 60 days.
Notice pay where employment was not terminated
Refused because the claimant was retired, not dismissed, and the suit predated the retirement
The suit was filed on 20th August 2014 seeking notice pay before any dismissal occurred. The claimant was later retired by letter dated 22nd January 2018 but did not amend the suit, and the retirement letter was never produced in court to establish the reasons for retirement. In the absence of a termination by notice, payment in lieu of notice was not available.
Legal principles established
#- Keeping an employee under interdiction and suspension on half pay for over four years without concluding disciplinary proceedings amounts to an unfair labour practice and a breach of natural justice
- An employee kept indefinitely on half pay pending unconcluded disciplinary proceedings is entitled to full salary and benefits for the entire period and to terminal benefits computed on full salary
Court orders
#- 1.Payment of full salary (remaining half salary) and benefits from the date of interdiction in June 2014 until the date of retirement on 22nd January 2018
- 2.The 3rd respondent to calculate terminal benefits, including pension, taking into account the full salary and benefits paid up to 22nd January 2018, with the computation to be filed in court within 60 days
- 3.Interest at court rates from the date of filing suit till payment in full
- 4.Costs of the suit to the claimant
- Jurisdiction invoked
- Employment and labour relations jurisdiction of the Employment and Labour Relations Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "George Ojwok Aluma v Lake Victoria North Water Services Board Kakamega-Busia Water Supply;Kakamega County Water & Sanitation Company Limited & 3 others (Interested Parties) [2019] KEELRC 1677 (KLR)", Case Analysis (2019). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1677/eng@2019-05-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.