Maingi v Attorney General & 3 others [2025] KEELRC 1108 (KLR)

Maingi v Attorney General & 3 others (Petition 108 of 2017) [2025] KEELRC 1108 (KLR) (4 April 2025) (Order)

Neutral citation: [2025] KEELRC 1108 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Petition 108 of 2017

AN Mwaure, J

April 4, 2025

Between

Patrick Munyao Maingi

Petitioner

and

Attorney General

1st Respondent

Inspector General Of Police

2nd Respondent

Commissioner Of Police

3rd Respondent

National Police Service Commission

4th Respondent

Order

1. (a)The final award as per the judgment delivered on 5th April 2024 which will be calculated for the 15 years the Petitioner was under interdiction.The same is Kshs.11999 x 15 which amounts to Kshs.2,159,820/= plus interest at court rates for the 15 years in limbo.(b)The Petitioner was also awarded 10 months for unfair labour practice which amounts to Kshs.11999 x 10 = Kshs.119,990/=The total award is Kshs.2,279,810/= plus interest of 15 years and interest also at court rates on the total award from today till final payment.(c)Costs are awarded to the Petitioner.Orders accordingly.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 4TH DAY OF APRIL, 2025. ANNA NGIBUINI MWAUREJUDGEOrderIn view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open Court. In permitting this course, this Court has been guided by Article 159(2)(d) of the Constitution which requires the Court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this Court the duty of the Court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.A signed copy will be availed to each party upon payment of Court fees.ANNA NGIBUINI MWAUREJUDGE