JAMES OTIENO OMONDI
V.
ATTORNEY GENERAL & 2 ORS.

(2021) JELR 113791 (CA)

Court of Appeal 3 Dec 2021 Kenya
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Case Details

Suit Number:CIVIL APPEAL NO. 20 OF 2020
Judges:S. GATEMBU KAIRU, JA A. MBOGHOLI-MSAGHA, JA PAULINE NYAMWEYA, JA
Location:Mombasa

JUDGMENT

  1. The appellant, James Otieno Omondi, has challenged the judgment of the Employment and Labour Relations Court at Mombasa (ELRC) (Onesmus Makau, J.) delivered on 3rd January 2017 dismissing his claim for wrongful or unfair termination of employment against the respondents, the Attorney General, Inspector General of Police, and National Police Service Commission, the 1st to 3rd respondents respectively.

  2. Based on his memorandum of claim, his testimony, and submissions before the ELRC, the appellant’s case was that he was employed as a police constable on terms and conditions set out in a letter of appointment on 12th May 2011. His remuneration comprised a basic salary of Kshs.18,330; house allowance of Kshs.3,000; police field allowance of Kshs.2,000 and police allowance of Kshs.9,000.

  3. On 2nd April 2014 he was served with a “letter of removal from the Kenya Police Service” on grounds that he was “unlikely to become an efficient police officer as stipulated in chapter 26 subsection 3…

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