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Ndugu Transport Company Limited v Sewe (Civil Appeal 23 of 2019) [2024] KECA 127 (KLR) (9 February 2024) (Judgment)

[2024] KECA 127 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
127
Citation
[2024] KECA 127 (KLR)
Decided
9 February 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Employment & Labour Relations CourtCoramHANNAH OKWENGU, H.A. OMONDI, JOEL NGUGI
Holding

The appeal is dismissed with no merit.

Facts

The respondent, Fredrick Sewe, claimed unfair dismissal and withholding of terminal benefits, gratuity, and pension from the appellant, Ndugu Transport Company Ltd. He also sought payment of accrued leave and overtime dues.

Issues

  1. Unfair dismissal and withholding of terminal benefits
  2. Payment of accrued leave and overtime dues

Reasoning

The court found no fault with the trial judge's reasoning and awards, which were justifiable given the admitted non-payment of dues and the operation of the quarry on public holidays and Sundays.

Outcome

Appeal dismissed

Authorities cited

Cases cited (1)
  • Kenya Revenue Authority & 2 Others v Darasa Investments Limited [2018] eKLR, Civil Appeal no 24 of 2018
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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