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Kenya Airways PLC v Alex Wainaina Mbugua [2018] KECA 739 (KLR)

[2018] KECA 739 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
739
Citation
[2018] KECA 739 (KLR)
Decided
26 January 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks stay of execution of the Employment & Labour Relations Court's judgment and decree pending an intended appeal.CoramP. O. KIAGE, W. OUKO, ASIKE MAKHANDIA
Holding

The Court of Appeal upheld the Employment & Labour Relations Court's decision to declare the termination unfair and ordered reinstatement.

Facts

Respondent was a Group Finance Director at Kenya Airways PLC until his termination on January 19, 2016. He subsequently filed a claim for unfair termination, payment of terminal benefits, and reinstatement.

Issues

  1. Whether the termination of the respondent's employment was unfair.
  2. Whether the Employment & Labour Relations Court's judgment and decree should be stayed pending an appeal.

Reasoning

The Employment & Labour Relations Court found the termination unfair and ordered reinstatement, which the Court of Appeal affirmed.

Outcome

Affirmed

Orders

  • Stay of execution of the Employment & Labour Relations Court's judgment and decree pending an intended appeal.
  • Reinstatement of the respondent as Group Finance Director.

Remedies

  • Reinstatement to the position of Group Finance Director.
  • Payment of salary for 3 years and compensation amounting to 12 months' salary at the last gross salary.
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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