Kwale Water and Sewerage Company Ltd v Nyondo (Civil Appeal E025 of 2021) [2024] KECA 443 (KLR) (12 April 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 443
- Citation
- [2024] KECA 443 (KLR)
- Decided
- 12 April 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Employment and Labour Relations CourtCoramGV ODUNGA, J., DR. K. I. LAIBUTA, J., A. K. MURGOR, J.
Holding
The award of damages for unfair termination is set aside and replaced with 5 months salary. The award of deductions during interdiction is also set aside and replaced with a lesser amount.
Facts
The respondent filed a Statement of Claim against the appellant seeking various amounts for unpaid salary, leave, salary deductions, and compensation for unfair termination.
Issues
- Unfair termination of employment
- Deductions during interdiction
- Compensation for unfair termination
Reasoning
The court did not explain the factors considered in awarding damages for unfair termination, hence the award is set aside.
Outcome
Appeal dismissed with no order as to costs
Orders
- Set aside the award of Kshs 287,000 in respect of unfair termination and substitute it with Kshs 205,000
- Set aside the award of Kshs 184,500 made in respect of deductions during the respondent’s interdiction and substitute it with Kshs 143,500
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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