Godwin Barasa Barechi v Kenya Trade Networks Agency [2019] KEELRC 2563 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the court should stop an employer's internal disciplinary process where a parallel criminal case is pending
No. Disciplinary and criminal processes are independent and the court will not restrain a disciplinary process unless it is illegal or manifestly flawed.
The court applied the Giella prima facie test and its consistent practice that managerial prerogative in staff discipline should not be stifled merely because criminal proceedings on the same facts exist. The Applicant did not allege any flaw in the process, only oppression from the parallel criminal charge, which cannot justify interference. Following Professor Gitile Naituli, courts should not take away managerial prerogatives.
Entitlement to emoluments during suspension
The Respondent breached its own HR Manual Clause 11.22.2 by paying only house allowance; it was ordered to reinstate medical benefits and pay all allowances and arrears immediately.
Clause 11.22.2 of the Respondent's own Human Resource Manual entitles a suspended officer to allowances and medical benefits though not basic salary. By paying only house allowance the Respondent violated its own policy, so the court ordered immediate payment of all allowances and medical benefits including arrears.
Legal principles established
#- An employer may institute independent disciplinary proceedings against an employee notwithstanding a criminal case arising from the same facts; the two processes are independent.
- A court will interfere with an internal disciplinary process only where it is illegal and manifestly flawed, and then only to redirect it onto a proper course.
- An employer is bound by its own HR manual; failure to pay allowances and medical benefits during suspension contrary to the manual is a disregard of its own policy.
Court orders
#- 1.Refusal to restrain the Respondent from conducting its internal disciplinary process
- 2.Order that the Respondent proceed with its disciplinary process
- 3.Order that the Respondent reinstate the Applicant's medical benefits and payment of all allowances and arrears of all unpaid allowances immediately
- 4.Costs of the application in the cause
- Jurisdiction invoked
- Constitutional petition invoking fair trial and fair administrative action rights (Articles referenced as right to fair trial and administration of justice)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Godwin Barasa Barechi v Kenya Trade Networks Agency [2019] KEELRC 2563 (KLR)", Case Analysis (2019). Petition (with Notice of Motion dated 18th July 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2563/eng@2019-02-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.