The Court of Appeal has directed the Judicial Service Commission (JSC) to deposit nearly Sh10 million as security for compensation awarded to nine legal researchers attached to the Supreme Court whose contracts were unlawfully altered.
Appellate Judges Patrick Kiage, Kathurima M’Inoti and Agnes Murgor dismissed an application by the Judiciary’s top administrative organ to suspend the award made by Employment and Labour Relations Judge Stephen Radido on February 24, last year.
The JSC, the three-judge Bench observed, had valid arguments to challenge the two separate judgments but had been unable to demonstrate good faith by continually failing to deposit the money as ordered by the trial court. Further, the commission had not shown that the beneficiaries were incapable of refunding the money or it was impossible to recover it from them in case the intended appeal succeeded, the court pointed out.
In his contested decision, Justice Radido had ruled that the JSC had violated the rights of the nine researchers by its unilateral variation of their employment contracts.