Ernest Moturi Ogwora v National Cereals & Produce Board & another [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Hon. Justice Hellen S. Wasilwa
Judgment Date
October 13, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Ernest Moturi Ogwora v National Cereals & Produce Board & another [2020] eKLR, detailing critical legal insights and implications of the ruling.

Case Brief: Ernest Moturi Ogwora v National Cereals & Produce Board & another [2020] eKLR

1. Case Information:
- Name of the Case: Ernest Moturi Ogwora v. National Cereals & Produce Board & The Hon. Attorney General
- Case Number: Petition No. 145 of 2018
- Court: Employment and Labour Relations Court at Nairobi
- Date Delivered: 13th October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Hellen S. Wasilwa
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court include:
1. Whether the forceful retirement of the Petitioner by the 1st Respondent’s Board of Directors was lawful and procedurally fair.
2. Whether the Petitioner was subjected to discriminatory and retaliatory actions by the 1st Respondent.
3. Whether the court should grant an injunction to stop the retirement and maintain the status quo pending the determination of the main petition.

3. Facts of the Case:
The Petitioner, Ernest Moturi Ogwora, was employed as the Manager of Monitoring & Evaluation at the National Cereals & Produce Board (1st Respondent). On 30th July 2020, the Board resolved to abolish his position and subsequently issued a retirement notice on 3rd August 2020. The Petitioner alleges that this decision was retaliatory due to his previous legal actions against the 1st Respondent, claiming it was discriminatory, ill-motivated, and based on ethnicity. The 1st Respondent contends that the Petitioner was involved in the discussions regarding the abolition of his office and failed to apply for other available positions.

4. Procedural History:
The case began with the filing of Petition No. 145 of 2018. The Petitioner sought various orders, including an injunction against his retirement. The 1st Respondent filed a replying affidavit arguing that the Petitioner was aware of the changes and did not apply for other positions. The court initially granted interim orders on 11th August 2020, which the 1st Respondent later sought to have set aside, claiming it was prejudicial and had been overtaken by events. The court ultimately decided to strike out both applications and directed the parties to proceed with the main petition.

5. Analysis:
- Rules: The court considered Article 47 of the Kenyan Constitution, which guarantees the right to fair administrative action, as well as the Fair Administrative Action Act and the Employment Act, particularly regarding retirement procedures and discrimination.

- Case Law: The court referenced *Kenya Airways Limited v. Aviation & Allied Workers Union Kenya & 3 others* [2014] eKLR, highlighting the necessity for consultation in redundancy matters. The case of *Samuel Mwinami v. Social Service League & another* [2016] eKLR was also cited to support the need for inter partes hearings at the interlocutory stage.

- Application: The court assessed the Petitioner’s claims against the established rules. It found that the Petitioner had not met the criteria for an injunction, as the retirement had already taken effect and the substantive issues regarding his employment were not adequately addressed in the current petition. The court determined that the issues raised were better suited for a separate cause or petition.

6. Conclusion:
The court ruled to strike out both applications and encouraged the Petitioner to file a new cause to address his claims regarding the alleged wrongful retirement. This decision underscored the need for proper procedural adherence in employment matters and clarified the court's role in intervening in internal administrative actions.

7. Dissent:
There were no dissenting opinions recorded in this case.

8. Summary:
The Employment and Labour Relations Court ruled against the Petitioner, striking out his applications regarding his forceful retirement from the National Cereals & Produce Board. The court emphasized the importance of following proper legal procedures and allowed the Petitioner the opportunity to file a new cause to address his grievances. This case highlights the complexities of employment law in Kenya, particularly concerning administrative actions and employee rights.

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