Daniel Wachira Ng’ang’a v Elsek and Elsek [K] Limited [2014] KEELRC 211 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 211
- Citation
- [2014] KEELRC 211 (KLR)
- Decided
- 16 October 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair and Unlawful TerminationPostureClaimant vs. RespondentCoramJames Rika
Holding
The termination of the Claimant's contract of employment was unfair. The Claimant is granted 6 months' salary in compensation for unfair termination at Kshs. 118,968.
Facts
Claimant was employed as a Storekeeper by Respondent from April 2009. His contract was terminated on August 2013, allegedly for stealing fuel. The Respondent reported the matter to the police, who did not arrest or charge the Claimant.
Issues
- Unfair and unlawful termination
- Declaration of unlawfulness
Reasoning
The Employer failed to provide fair and valid reasons for the termination. The Court found the Claimant's evidence unchallenged and sufficient.
Outcome
Claimant wins
Orders
- Respondent to pay 6 months' salary in compensation at Kshs. 118,968
- Respondent to pay service pay at Kshs. 45,756
- Respondent to release certificate of service
- No order on costs and interest
Remedies
- Compensation for unfair termination
- Service pay
- Certificate of service
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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