DAVID MWANGI GIOKO & 51 OTHERS V NAIROBI CITY WATER & SEWERAGE COMPANY LIMITED [2013] KEELRC 463 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 463
- Citation
- [2013] KEELRC 463 (KLR)
- Decided
- 22 March 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIndustrial DisputePostureAppeal from a previous decisionCoramRika J
Holding
The court declared that the termination was unfair and ordered reinstatement with full payment of emoluments and compensation.
Facts
62 claimants were initially involved in a dispute against Nairobi City Water & Sewerage Company Limited. 18 claimants withdrew their claims, and two names were corrected for duplication. The remaining 52 claimants and 1 respondent proceeded to the hearing.
Issues
- Unfair and unlawful retirement
- Compensation for loss of employment
- Reinstatement and re-engagement
Reasoning
The court found that the claimants were unlawfully retired at the age of 55 and that the recruitment of new staff was discriminatory.
Outcome
Claimants' claims were upheld, and orders were made for reinstatement, compensation, and re-engagement.
Orders
- Declaration of unfair and unlawful retirement
- Reinstatement with full payment of emoluments
- Re-engagement in comparable jobs
- Compensation for loss of employment
- Arrears of salaries and allowances
- Declaration of discriminatory recruitment
Remedies
- Reinstatement
- Compensation
- Re-engagement
- Arrears of salaries and allowances
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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