Kamau v Nairobi City County & another (Cause 1108 of 2015) [2023] KEELRC 1571 (KLR)
The bottom line
#A former Nairobi City Superintendent wrongly dismissed after winning her corruption appeal on 30 June 2023 won compensation, back pay, costs and interest.
What this practically means
#Executive summary
#Key legal issues
#Whether the dismissal was fair given the Claimant's acquittal on appeal
The dismissal was unfair and unlawful; the Public Service Commission had no mandate to dismiss the Claimant after her acquittal by the High Court
Sections 62 and 63 of the Anti-Corruption and Economic Crimes Act tie suspension of a public officer to the criminal proceedings: half pay on charge, unpaid suspension on conviction pending appeal, and automatic lifting of suspension on acquittal. Once the High Court allowed the appeal, the contract stood restored in full. The County Secretary misapprehended the High Court judgment, and the Commission could not revisit a final court judgment or re-litigate matters dealt with on appeal.
Whether the County Public Service Board (2nd Respondent) was liable to compensate the Claimant
The 1st Respondent, which issued the dismissal letter as employer, bears liability; the belatedly joined Board was not liable
The letter of summary dismissal dated 26th June 2014 was issued by the 1st Respondent in its capacity as the Claimant's employer, so liability attaches to it rather than to the County Public Service Board which was joined belatedly.
Quantum of salary arrears and compensation
Only amounts supported by pay records were awarded: 12 months' compensation at ksh 450,300, notice at ksh 37,525, and salary arrears for the suspension period at documented rates
The Claimant's only pay slip on record was for December 2008 showing ksh 12,262 basic salary and ksh 12,750 house allowance, consistent with half salary during suspension. Other figures pleaded were unsupported. Compensation for unfair termination was granted at the equivalent of 12 months' salary based on the last monthly rate.
Legal principles established
#- Where the Anti-Corruption and Economic Crimes Act ties the disciplinary process of a public officer to criminal proceedings, acquittal on appeal automatically lifts the suspension and restores the employment contract in full, without further disciplinary or appeal processes by the employer
- There is no provision in the Act allowing an employer to hold disciplinary or appeal proceedings on the same matters dealt with on criminal appeal after acquittal
Court orders
#- 1.Declaration that termination was unfair and unlawful
- 2.Compensation for unfair and unlawful termination equivalent of 12 months' salary at ksh 450,300 and notice pay at ksh 37,525
- 3.Withheld half salary from 14th March 2008 to the date of conviction by the Chief Magistrate's Court, at ksh 12,262 monthly
- 4.Withheld full salary from the date of conviction to 14th March 2013, when the Appeal was allowed and suspension lifted, at ksh 37,525 monthly
- 5.Certificate of Service to issue
- 6.Costs to the Claimant
- 7.Interest at court rate from the date of Judgment till payment in full
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over the employment dispute (claim for unfair and unlawful termination and terminal dues)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kamau v Nairobi City County & another (Cause 1108 of 2015) [2023] KEELRC 1571 (KLR)", Case Analysis (2023). Cause No 1108 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1571/eng@2023-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.