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Esther Mbinya Musau v National Bank of Kenya Limited [2015] KEELRC 148 (KLR)

[2015] KEELRC 148 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
148
Citation
[2015] KEELRC 148 (KLR)
Decided
9 November 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureApplication for Restraining Orders and Other Orders
Holding

The court granted the application, restraining the Respondent from collecting monies, accruing interests, and interfering with interest rates on loan facilities. The court also ordered the Respondent to issue a recommendation letter.

Facts

Claimant Esther Mbinya Musau was employed by National Bank of Kenya Limited as a Clerical Officer from September 1995. She was granted various loan facilities at preferential rates during her employment. In April 2015, she was unlawfully terminated and the Respondent applied market rates to her loan facilities.

Issues

  1. Restraining the Respondent from collecting monies, accruing interests, and interfering with interest rates on loan facilities
  2. Ordering the Respondent to issue a recommendation letter
  3. Granting the Claimant preferential interest rates on loan facilities

Reasoning

The court found that the termination was unlawful and the Respondent's application of market rates to the loan facilities was detrimental to the Claimant. The court also noted the Claimant's high chances of success in the case.

Outcome

Granted

Orders

  • Restraining the Respondent from collecting monies, accruing interests, and interfering with interest rates on loan facilities
  • Ordering the Respondent to issue a recommendation letter

Remedies

  • Preferential interest rates on loan facilities

Authorities cited

Legislation (2)
  • Employment and Labour Relations Court Act
  • Industrial Court 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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