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JUDICIAL SERVICE COMMISSION
V.
DAVIS GITONGA KARANI

(2020) JELR 100498 (CA)

Court of Appeal 18 Dec 2020 Kenya
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- The respondent, a Principal Magistrate, challenged his summary interdiction and dismissal by the Judicial Service Commission (JSC), alleging violation of his constitutional and labour rights, particularly due to a 15-month disciplinary pr

Case Details

Suit Number:Civil Appeal 305 of 2019
Judges:Daniel Kiio Musinga, Patrick Omwenga Kiage, Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Judicial Service Commission v. Davis Gitonga Karani [2020] eKLR

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)

************************

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 …

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