Mischeck Kirimi Mwithimbu & 7 others v Liquidator Nkuene Farmers Co-Operative Society & 16 others [2014] KEELRC 1294 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1294
- Citation
- [2014] KEELRC 1294 (KLR)
- Decided
- 30 September 2014
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeIndustrial CourtPostureAppeal from a Meru High Court Civil CaseCoramABUODHA J. N
Holding
The court declares that the plaintiffs are entitled to be paid their terminal benefits as computed and agreed by the management committee, the liquidator, and the plaintiffs.
Facts
Former employees of the 1st defendant (Nkuene Farmers Co-operative Society) were placed in liquidation in 1999. They claimed unpaid terminal benefits and inheritance of liabilities.
Issues
- Whether the plaintiffs are entitled to be paid their terminal benefits
- Whether the defendants are liable to pay the plaintiffs' terminal benefits
Reasoning
The plaintiffs were to be paid their terminal benefits by the defendant, and these benefits had been computed and partly paid. The court declares the plaintiffs' entitlement to the balance of their terminal benefits.
Outcome
Judgment in favor of the plaintiffs
Orders
- The plaintiffs be paid their terminal dues as computed and agreed by the management committee, the liquidator, and the plaintiffs.
- The 2nd respondent (Commissioner for Cooperative Development) to inquire into the circumstances leading to the delay or non-payment of the plaintiffs' terminal benefits and file a report within 60 days from the date of the order.
Remedies
- Payment of terminal benefits
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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