MELVER MURINGANI v MINISTER OF PRIMARY AND SECONDARY EDUCATION AND CIVIL SERVICE COMMISSION

Key Issues

• {"issue_text":"Whether the disciplinary authority erred in finding appellant guilty without establishing mens rea","issue_type":"law","dispositive":"no","related_facts":"Appellant's admission to actus reus, defence of superior's directive"}
• {"issue_text":"Whether the disciplinary authority relied on evidence not adduced in finding guilt","issue_type":"procedural","dispositive":"no","related_facts":"Reference to parent confirmation not in record"}
• {"issue_text":"Whether appellant was properly found guilty of negligence regarding cash box theft","issue_type":"fact","dispositive":"no","related_facts":"Shared office, accessible keys, appellant's knowledge of proper procedure"}
• {"issue_text":"Whether the penalty of discharge was excessive","issue_type":"law","dispositive":"yes","related_facts":"Seriousness of offences, employer's discretion"}

Background