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Kenya Broadcasting Corporation v Geoffrey Wakio [2019] KECA 65 (KLR)

[2019] KECA 65 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
65
Citation
[2019] KECA 65 (KLR)
Decided
20 December 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Employment and Labour Relations Court judgmentCoramE. M. GITHINJI, W. KARANJA, M. WARSAME
Holding

The dismissal was unlawful and unfair, and the respondent is entitled to compensation.

Facts

The respondent, Geoffrey Wakio, was employed by the appellant, Kenya Broadcasting Corporation, from 1985 to 2005. He was placed on interdiction in 2005 and subsequently acquitted of fraud charges in 2011. The Employment and Labour Relations Court found the dismissal unfair.

Issues

  1. unlawfulness of interdiction and subsequent dismissal
  2. payment of half salary
  3. reinstatement with full payment of salary arrears
  4. compensation for unfair termination

Reasoning

The court found the respondent's testimony credible and that the appellant did not provide evidence to show fraudulent conduct.

Outcome

Affirmed

Remedies

  • compensation for the unlawful and unfair termination

Authorities cited

Legislation (1)
  • Employment Act 2007
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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