Koigi v Nakuru Water & Sanitation Services Co Ltd (Employment and Labour Relations Cause E001 of 2023) [2023] KEELRC 1508 (KLR)

The suspension letter dated 29th November 2022 merely stated that the claimant was suspended effective from its date, without indicating reasons or duration. The respondent, though alleging internal investigations connected to the death of an employee, called no witness and led no evidence of any investigation. The claimant's contract and HR Policy required a reason and a maximum suspension period. Suspending the claimant contrary to its own HR procedure rendered the suspension unlawful and a violation of his rights to fair labour practices and fair administrative action.

Relying on the Geofrey Mworia line of authority, the court acknowledged the employer's entitlement to perform human resource functions including disciplinary control. However, an employer is bound by its own HR policy and procedure. Where it chooses to flout the law and procedure, the court may intervene to protect employees' rights. The respondent's failure to follow its HR manual justified intervention by way of a declaration and orders restoring the claimant rather than leaving the process to run its course.

Having found the suspension null and void ab initio, the court granted declarations, unconditional lifting of the suspension with reinstatement without loss of seniority or benefits, payment of withheld emoluments, and an injunction against termination based on the impugned suspension letter. On damages, although the claimant sought Kshs 700,000 relying on constitutional compensation principles, the court opted for compensation equivalent to one month's salary, a comparatively modest award. The respondent's contention that emoluments had been paid did not alter the order.