IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: MUSINGA, KIAGE and GATEMBU, JJ.A.)
CIVIL APPEAL NO. 305 OF 2019
BETWEEN
JUDICIAL SERVICE COMMISSION................APPELLANT
AND
DAVIS GITONGA KARANI.............................RESPONDENT
(An appeal from part of the decision contained in the Judgment of
the Employment and Labour Relations Court at Nairobi (Wasilwa, J.)
dated 30th April 2019 in ELRC Petition No. 116 of 2018)
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JUDGMENT OF KIAGE, J.A.
By this appeal, the Judicial Service Commission (JSC) challenges that part of the judgment of the Employment and Labour Relations Court (Wasilwa, J.) rendered on 30th April 2019 that awarded the respondent Davis Gitonga Karani the sum of Kshs. 1,000,000 as damages and costs. The damages were on the basis that he was “subject to a slow disciplinary action process taking 15 months” by the JSC thereby infringing or breaching his right to an expeditious hearing.
The learned Judge dismissed as ‘unsuitable’ the respondent’s claimed remedies …