East African Portland Cement Company Limited v Benjamin Mwendwa Nduati & 4 others [2017] KECA 614 (KLR)
- Court
- Court of Appeal
- Case number
- 614
- Citation
- [2017] KECA 614 (KLR)
- Decided
- 31 March 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for stay of execution of the judgement and orders of the Employment and Labour Relations CourtCoramW. KARANJA, M.K. KOOME, F. SICHALE
Holding
The application has merit and the orders by Wasilwa J. are hereby stayed in terms of prayers Nos. 2 and 3 of the Notice of Motion dated 3rd August 2016.
Facts
The 5 respondents were employees of East African Portland Cement Company Limited who were terminated for fraudulent activities. They filed individual suits claiming unfair labour practices, unlawful and un-procedural termination of employment, compensation for the balance of the contract period and reinstatement.
Issues
- Whether proper procedures were observed in terminating the respondent's contracts of employment.
- What is a reasonable period for an employee to respond to a notice to show cause or defend himself or herself of allegations of misconduct, including in circumstances where there are allegations of criminal nature.
Reasoning
The Court is persuaded that the respondents are facing criminal charges and the applicant will have difficulty in reversing the effects of a burdensome working relationship with the respondents.
Outcome
The orders by Wasilwa J. are hereby stayed.
Orders
- The applicant to file and serve the record of appeal within 90 days from the date of this ruling (if it has not done so already).
- The costs of this application and other consequential proceedings shall abide the outcome of the intended appeal.
Authorities cited
Legislation (1)
- Employment Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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