David Kamau Ndege v Principal Secretary, Ministry of Health & 2 others; Public Service Commission & another (Interested Parties) [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Hon. Justice Byram Ongaya
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the 2020 eKLR case summary of David Kamau Ndege v Principal Secretary, Ministry of Health & others, detailing key legal arguments and outcomes impacting public service and health policy.

Case Brief: David Kamau Ndege v Principal Secretary, Ministry of Health & 2 others; Public Service Commission & another (Interested Parties) [2020] eKLR

1. Case Information:
- Name of the Case: Dr. David Kamau Ndege v. Principal Secretary, Ministry of Health & Others
- Case Number: Petition No. 32 of 2020
- Court: Employment and Labour Relations Court of Kenya
- Date Delivered: 23rd October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Byram Ongaya
- Country: Kenya

2. Questions Presented:
The central legal issues presented in this case involve the alleged violation of the petitioner’s constitutional rights due to the withholding of his salary for ten years despite his lawful deployment. Specifically, the court must resolve:
1. Whether the decisions made by the respondents regarding the petitioner’s employment and salary were constitutional.
2. Whether the petitioner is entitled to the payment of his withheld salary and other compensatory damages.

3. Facts of the Case:
The petitioner, Dr. David Kamau Ndege, was employed by the Ministry of Health as a Pharmacist and rose to the position of Deputy Chief Pharmacist. His employment began on 6th October 1989, and he was transferred to Kerugoya District Hospital on 27th January 2010. The petitioner reported for duty on 10th March 2010 but subsequently absented himself, leading to the stoppage of his salary effective 6th May 2010. The Ministry alleged desertion of duty, prompting a series of show-cause letters and disciplinary actions against him. The petitioner contended that he was working on a project with the African Development Bank and had not deserted his post. The dispute escalated through various administrative decisions, culminating in the withholding of his salary for ten years.

4. Procedural History:
The petitioner filed his case on 27th February 2020, seeking declarations and orders against the Ministry of Health and the Attorney General. The respondents filed replying affidavits contesting the petitioner’s claims, asserting that procedural fairness was observed in the disciplinary actions taken against him. The case proceeded through the court system, with the court considering the affidavits and submissions from both parties.

5. Analysis:
Rules:
The court evaluated the case based on several articles of the Constitution of Kenya, particularly Articles 10, 20, 21, 22, 23, 25, 27, 28, 29, 41, 47, 50, 73, 232, 234, 236, and 258, which protect fundamental rights and freedoms, including fair labor practices and protection against cruel and degrading treatment.

Case Law:
The court referenced previous cases that established the importance of procedural fairness in employment matters and the necessity of adhering to constitutional provisions when making administrative decisions. However, specific cases were not detailed in the provided content.

Application:
The court found that the respondents failed to demonstrate that the petitioner had been properly deployed to the second interested party as alleged. The court noted that the initial disciplinary actions were concluded without justifying the withholding of the petitioner’s salary. The court ruled that the decisions made against the petitioner were oppressive and violated his rights, leading to the conclusion that he was entitled to his withheld salary and that the disciplinary actions were null and void.

6. Conclusion:
The court ruled in favor of the petitioner, declaring that the decisions made by the respondents regarding the withholding of his salary were unconstitutional. The court ordered the respondents to pay the petitioner his salary in arrears since 2010 and to continue paying his monthly salary, emphasizing the importance of upholding constitutional rights in employment matters.

7. Dissent:
There were no dissenting opinions noted in the judgment, as the ruling was unanimous in favor of the petitioner.

8. Summary:
The Employment and Labour Relations Court of Kenya ruled in favor of Dr. David Kamau Ndege, recognizing the violation of his constitutional rights due to the unlawful withholding of his salary for ten years. The court ordered the Ministry of Health to pay the petitioner his withheld salary and affirmed the need for adherence to constitutional provisions regarding employment rights. This case underscores the significance of protecting employee rights within the framework of public service in Kenya.

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