Benjamin Kai Chilumo v Mombasa Water Supply And Sanitation Ltd [2015] KEELRC 1319 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1319
- Citation
- [2015] KEELRC 1319 (KLR)
- Decided
- 27 February 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeWrongful DismissalPostureAppeal from original trialCoramO. N. Makau
Holding
The dismissal was declared unlawful and wrongful, and the claimant was awarded damages, pay in respect of 72 leave days, gratuity, and certificate of service.
Facts
Claimant was employed by Respondent on a 3-year fixed term contract from October 2006. He was sent on compulsory leave in April 2012 and dismissed on May 31, 2012.
Issues
- whether the dismissal was wrongful and unlawful
- whether the claimant should be awarded damages, 3 months salary in lieu of notice, 72 days leave, gratuity, certificate of service plus costs and interest
Reasoning
The court found that the dismissal was unfair and wrongful because it was made without a valid reason and without an oral hearing, and without serving the claimant with 3 months notice.
Outcome
Judgment entered for the claimant in the sum of Ksh.2,962,562.75 plus interest from 31/5/2012 until payment in full.
Remedies
- damages for the wrongful termination of the fixed contract
- pay in respect of 72 leave days
- gratuity
- certificate of service
Authorities cited
Legislation (1)
- Employment Act
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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