Okello v Judicial Service Commission (Cause E807 of 2023) [2025] KEELRC 2513 (KLR)

Regulation 15 of the Third Schedule to the Judicial Service Act delegates the power of interdiction and suspension to the Honourable Chief Justice, and Regulation 17 reserves suspension to the Chief Justice in defined circumstances. Section D.7.5.2 of the Human Resource Policies and Procedures Manual likewise reserves the power to the Chief Justice. The suspension was not under the hand of the Chief Justice, and the Respondent produced no decision or resolution authorising it. The two authorities the Respondent relied on were declined.

A show-cause notice was issued, the Claimant responded, and he was granted an oral hearing before a Sub-Committee of the Human Resource Management Advisory Committee with the right to be accompanied and bring witnesses. However, s 45(5)(a) of the Employment Act requires the Court to assess how the employer handled any appeal. Despite asserting the appeal was determined, the Respondent produced no evidence of that, and its own witness admitted the appeal had not been determined.

The audit report showed failure to surrender revenue of Kshs 6,938,467/-, under-banking of Kshs 10,305,963/- and Kshs 1,741,144/-, failure to account for deposits of Kshs 5,000,000/-, and unaccounted receipt books. As Accountant-In-Charge, the Claimant supervised cashiers, prepared daily revenue and banking reports and had a duty to verify revenue documents. That he was not the actual receiver of the revenue or that actual loss was not individually proved did not matter, as he failed to perform his specified control roles.

Reinstatement is an exceptional remedy requiring demonstration of exceptional circumstances. None were shown, and three years had elapsed since termination, making reinstatement inappropriate.

Although valid and fair reasons were proved, aspects of procedural fairness were not followed, notably the unprocessed appeal. Considering these factors, the Court found the equivalent of three months' gross salary appropriate, the monthly gross salary being Kshs 104,300/-.