JAMES MUGO WARUO v KENYA UTALII COLLEGE [2013] KEELRC 487 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 487
- Citation
- [2013] KEELRC 487 (KLR)
- Decided
- 20 February 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from an original trialCoramHON. LADY JUSTICE MAUREEN ONYANGO
Holding
The Court finds that the Claimant is entitled to compensation of 5 months' salary, Shs.120,100/=, due to the unfair dismissal and the failure to use fair procedure.
Facts
The Claimant, James Mugo Waruo, filed a suit against the Respondent, Kenya Utalii College, alleging unfair dismissal. He was not given a hearing as prescribed by law or at all.
Issues
- Fair dismissal procedure
- Calculation of compensation
Reasoning
The Court held that the Claimant was not given a fair hearing and was responsible for his dismissal, but the compensation was reduced due to his culpability.
Outcome
Judgment in favor of the Claimant
Orders
- Award of compensation of Shs.120,100/= to the Claimant
- Award of Kshs.181,351.00 to the Claimant
- Issue of a Certificate of Service to the Claimant
- Payment of the Claimant's costs
Remedies
- Compensation of 5 months' salary
- Certificate of Service
- Payment of costs
Authorities cited
Legislation (2)
- Employment Act Section 36
- Employment Act Section 49(1)
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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