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ELRCDismissedPetition dated December 16, 2020· [2023] KEELRC 392 (KLR)

Karanja v Kenya Forest Service & 2 others (Petition 3 of 2021) [2023] KEELRC 392 (KLR)

Employment and Labour Relations Court
3 February 2023
AJAbuodha Nelson Jorum
3,430 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~14 min to read original · ~4 min brief

The bottom line

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An Kenya Forest Service employee lost his case because claiming rights were violated is not enough—you must prove exactly how.

What this practically means

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Executive summary

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The petitioner, an employee of Kenya Forest Service engaged as a Forest Trainee in 2013 and later Assistant Forester at Sabor Forest Station, petitioned the Employment and Labour Relations Court at Eldoret challenging two disciplinary episodes: a suspension/interdiction dated December 3, 2018 for desertion of duty, and a second interdiction dated October 1, 2019 for absenteeism and negligence (loss of cypress trees to illegal logging). He sought declarations that the disciplinary proceedings were null and void, an order of mandamus compelling reinstatement, salary arrears of about Kshs 1,084,864 (later pleaded as Kshs 1,840,864), general damages, constitutional compensation of Kshs 6,000,000, interest and costs, contending violations of Articles 10, 19, 25(c), 47, 50, 236 and 28 of the Constitution and the Fair Administrative Action Act. The respondents, through a Replying Affidavit of Juliana O. Ochieng, maintained that due process was followed: the petitioner answered the first show-cause letter, was reinstated with a warning, and after the second interdiction he did not respond but instead tendered his resignation effective November 15, 2019; the disciplinary advisory committee later recommended a warning, salary recovery for absent days and a surcharge. The court framed a single issue: whether the petitioner's fundamental rights and freedoms were violated. It found he had not been dismissed and remained an employee, and that he had failed to demonstrate how his rights were violated. The petition was dismissed with costs to the respondents.

Key legal issues

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Whether the petitioner's fundamental rights and freedoms were violated by the interdictions, suspension and disciplinary process

Holding

The petition is dismissed; the petitioner did not demonstrate any violation of his rights

Reasoning

The court reviewed the chronology: a December 2018 suspension for desertion with a show-cause letter which the petitioner answered, leading to reinstatement in April 2019, and a second interdiction in October 2019 for absenteeism and negligence. The petitioner did not respond to the second interdiction but notified the respondent of his resignation effective November 15, 2019. The disciplinary advisory committee deliberated on June 11, 2020 and recommended a warning, salary recovery and surcharge. The court found the petitioner was still an employee, never dismissed, and had not demonstrated how his rights were violated.

p. 7

Legal principles established

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  • A party alleging violation of constitutional rights must demonstrate how those rights were violated

Court orders

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  1. 1.The Petition is dismissed with costs
  2. 2.It is so ordered

Authorities

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Legislation

  • Constitution of Kenya 2010Article 10(2)(b)&(c)
  • Constitution of Kenya 2010Article 19(2)
  • Constitution of Kenya 2010Article 25(c)
  • Constitution of Kenya 2010Article 47(1) and (2)
  • Constitution of Kenya 2010Article 50(1)
  • Constitution of Kenya 2010Article 50(2)(a)(b) and (c)
  • Constitution of Kenya 2010Article 236(a) and (b)
  • Constitution of Kenya 2010Article 28
  • Fair Administrative Action ActSection 4(1),(2),(3) and (4)
  • Employment Act 2007Part 6
  • Public Service ActSection 7(3)
  • Kenya Forest Service Disciplinary ManualSection 2(2)

Cases cited (2)

  • Timon Otieno Mboga v Kenya Forest Service (2015) eKLR
    (2015) eKLR
  • Philemon Musembi Muhindi v Chairman Board of Management Keveye Youth Polytechnic (2015) eKLR
    (2015) eKLR
Jurisdiction invoked
Articles 47(1) and (2), 25(c), 50(2)(a)(b)(c), 236(a), 236(b) and 28 of the Constitution of Kenya 2010, read with the Fair Administrative Action Act 2015

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Karanja v Kenya Forest Service & 2 others (Petition 3 of 2021) [2023] KEELRC 392 (KLR)", Case Analysis (2023). Petition dated December 16, 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/392/eng@2023-02-03

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.