CCBRT VS DAVID EMANUEL KIVUMBI, civil appeal no 437 of 2020.

This case held that:

We think that, it cannot be seriously disputed that, in its plain and ordinary meaning, section 37 (5) of the ELRA bars imposition of any disciplinary action in form of penalty, termination, or dismissal upon an employee against whom a criminal charge has been laid in a court of law over a criminal offence which is substantially the same until final determination by the court and any appeal therefrom.

In other words, on a plain meaning this provision does not encapsulate what the High Court referred to in Stella Manyahi {supra) as “the bold step o f reporting the incident to the police”\ead\ng to commencement of police investigations into the criminal allegation. There must exist a criminal charge in court commencing criminal proceedings against the employee.