Samson Anthony Muhia v Kirinyaga Construction (K) Limited [2014] KEELRC 866 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 866
- Citation
- [2014] KEELRC 866 (KLR)
- Decided
- 21 March 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIndustrial DisputePostureClaimant seeks declaration of unfair termination and compensation, Respondent seeks dismissal of claim with costs.CoramBYRAM ONGAYA
Holding
The termination was unfair, and the claimant is awarded Kshs.684,000 in compensation.
Facts
Claimant was a plant mechanic supervisor at Kirinyaga Construction (K) Limited. He was redeployed from the main workshop to Naromoru-Munyu-Karisheni Road Project. He claimed he was unfairly terminated due to a strike he was called to negotiate. He was paid Kshs.57,000 at termination.
Issues
- whether the termination was unfair
- whether the claimant is entitled to the prayed for remedies
Reasoning
The court found the termination unfair due to lack of notice and evidence of inciting staff to strike. The claimant's termination was not justified under the Employment Act.
Outcome
Judgment for the claimant
Orders
- Respondent to pay claimant Kshs.741,000 by 1.05.2014, with interest from judgment date
- Respondent to pay costs of the suit
Remedies
- Declaration of unfair termination
- Compensation of Kshs.684,000
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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