SAMUEL G. MOMANYI V SDV TRANSAMI KENYA LIMITED [2013] KEELRC 495 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 495
- Citation
- [2013] KEELRC 495 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIndustrial DisputePostureAppeal from the High Court of Kenya at NairobiCoramJames Rika
Holding
The application for review is rejected; the parties to agree on a date for the hearing of the main claim; and costs in the cause are awarded.
Facts
Samuel G. Momanyi worked for SDV Transami Kenya Limited for 11 months and 27 days before his termination on February 27, 2010. He filed an Industrial Court case seeking compensation for unfair termination.
Issues
- qualifying period for unfair termination claims
- constitutionality of section 45(3) of the Employment Act 2007
Reasoning
The High Court's ruling upholding the Respondent's position on the qualifying period for unfair termination claims was made before the invalidation of section 45(3) of the Employment Act 2007. The Court upholds the protection of vested rights and judicial caution.
Outcome
Appeal dismissed
Orders
- Application for review is rejected
- Parties to agree on a date for the hearing of the main claim
- Costs in the cause are awarded
Authorities cited
Legislation (2)
- Employment Act 2007
- Constitution of Kenya 2010
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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