Kiambu Unity Finance Co-operative Union Ltd v Warwathe & another (Civil Appeal 246 of 2018) [2024] KECA 663 (KLR) (14 June 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 663
- Citation
- [2024] KECA 663 (KLR)
- Decided
- 14 June 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureSecond appeal from the decision of the Chief Magistrates Court in Nairobi, the Employment and Labour Relations Court (ELRC)CoramH. M. OKWENGU, K. M'INOTI, J. MATIVO
Holding
The Employment Act, 2007 cannot be applied retrospectively to the contract of employment
Facts
Kiambu Unity Finance Co-operative Union Ltd employed two respondents, David G. Warwathe and Joseph Kirai Ndung’u, initially as savings clerks and ultimately as internal auditors. Warwathe was employed on 18th September 1989 and earned Kshs 72,679 monthly, while Ndung’u was employed on 2nd January 1992 and earned Kshs 53,883.
Issues
- Whether the Employment Act, 2007 can be applied retrospectively to a contract of employment entered into and terminated before its coming into force
- Whether the dismissal of the respondents was wrongful and unjustified
Reasoning
The court held that the Employment Act, 2007 cannot be applied retrospectively to the contract of employment as it was not in force at the time of the employment and termination
Outcome
Affirmed the decision of the trial court
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.
Loading judgment…