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ELRCAllowedPetition 108 of 2017· [2025] KEELRC 1108 (KLR)

Maingi v Attorney General & 3 others (Petition 108 of 2017) [2025] KEELRC 1108 (KLR)

Employment and Labour Relations Court
4 April 2025
AMANNA NGIBUINI MWAURE
391 words in judgment
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The bottom line

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A Kenyan police officer suspended for 15 years won Kshs. 2.28 million, with interest, showing employers pay for prolonged interdiction.

What this practically means

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Executive summary

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This is a short order delivered by ANNA NGIBUINI MWAURE, Judge, in the Employment and Labour Relations Court at Nairobi (Petition 108 of 2017), dated 4th April 2025 and signed and delivered virtually at Nakuru. It follows and gives effect to the court's judgment delivered on 5th April 2024 in favour of Patrick Munyao Maingi against the Attorney General, the Inspector General of Police, the Commissioner of Police and the National Police Service Commission. The court quantified and consolidated the final award: first, the award calculated for the 15 years the Petitioner was under interdiction, computed at Kshs.11,999 x 15, amounting to Kshs.2,159,820, plus interest at court rates for the 15 years in limbo; second, the award of 10 months' salary for unfair labour practice, computed at Kshs.11,999 x 10, amounting to Kshs.119,990. The total award was stated as Kshs.2,279,810, carrying interest of 15 years and further interest at court rates on the total award from the date of the order until final payment. Costs were awarded to the Petitioner. The order also recites the COVID-19 directions permitting virtual delivery of judgments, waiving compliance with Order 21 Rule 1 of the Civil Procedure Rules, and grounding that course on Article 159(2)(d) and Article 48 of the Constitution and Section 1B of the Civil Procedure Act. The order disposes of the quantification of the award; no relief was refused and no party's claim was dismissed.

Key legal issues

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01

Computation of the final award for the period of interdiction

Holding

The award was calculated at Kshs.11,999 per month for 15 years, amounting to Kshs.2,159,820, with interest at court rates for the 15 years in limbo.

Reasoning

The court gave effect to its earlier judgment of 5th April 2024 by quantifying the award over the entire 15-year period the Petitioner was under interdiction, treating that period as the measure of loss and applying court-rate interest for the same period.

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02

Compensation for unfair labour practice

Holding

The Petitioner was awarded 10 months' salary for unfair labour practice, being Kshs.11,999 x 10 = Kshs.119,990, incorporated into the total award.

Reasoning

In addition to the interdiction-period award, the court incorporated the previously awarded 10 months' compensation for unfair labour practice into the total figure, on which interest at court rates runs from the date of the order until final payment.

p. 1

Legal principles established

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  • An employee under interdiction for 15 years is entitled to have the final award computed over the full period of interdiction, with interest at court rates.

Court orders

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  1. 1.Final award calculated for the 15 years the Petitioner was under interdiction: Kshs.11,999 x 15 = Kshs.2,159,820 plus interest at court rates for the 15 years in limbo
  2. 2.10 months' salary for unfair labour practice: Kshs.11,999 x 10 = Kshs.119,990
  3. 3.Total award of Kshs.2,279,810 plus interest at court rates on the total award from the date of the order until final payment
  4. 4.Costs awarded to the Petitioner

Authorities

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Legislation

  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
  • Civil Procedure RulesOrder 21 Rule 1
  • Civil Procedure Act (Chapter 21 of the Laws of Kenya)Section 1B
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction (Petition 108 of 2017); judgment of 5th April 2024 giving effect to final award

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, "Maingi v Attorney General & 3 others (Petition 108 of 2017) [2025] KEELRC 1108 (KLR)", Case Analysis (2025). Petition 108 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1108/eng@2025-04-04

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