JUDICIAL SERVICE COMMISSION
V.
SHEIKH ABUBAKAR BWANAKAI & ANOTHER

JUDGMENT OF THE COURT

1. The Judicial Service Commission (the appellant) is challenging the Employment and Labour Relations Court’s (Rika, J.) decision dated 15^th December, 2017 which declared the 1^st respondent’s retirement in public interest as unfair. Basically, we are being invited to consider and/or clarify the import and scope of retirement of public officers on the ground of public interest as a special sanction available to public entities and more specifically, to the appellant.

2. Before delving into the appeal a synopsis of the pertinent facts which gave rise to the issue at hand is essential. Shiekh Abubabakar Bwanakai Abdallah (the 1^st respondent) was employed by the appellant as a Kadhi on 13^th February, 1995 and thereafter he served in that capacity in several stations around the country. Apparently, on 2^nd August, 2004 while the 1^st respondent was stationed at Kisumu law courts a section of the Muslim community living in Kisumu held demonstrations over his conduct as a K…