Stephen Mulaki Kimei v Lochab Transport Ltd [2016] KEELRC 1063 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1063
- Citation
- [2016] KEELRC 1063 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIndustrial DisputePostureClaimant's Amended Claim vs Respondent's ResponseCoramJames Rika
Holding
Termination was unfair, and the Respondent is ordered to pay 10 months' salary compensation, severance pay, and notice pay to the Claimant.
Facts
Claimant Stephen Mulaki Kimei was employed by Lochab Transport Ltd as an Office Clerk from March 1, 2000 to May 12, 2013. He was terminated due to restructuring, but claimed unfair and unlawful termination.
Issues
- Unfair and unlawful termination
- Compensation for accrued leave days
- Severance allowance
- Service pay
- Notice pay
Reasoning
The Court found that the termination was not in accordance with the Employment Act, particularly Section 40, which requires proper notice and payment of severance pay before termination.
Outcome
Claimant's claim for compensation and severance pay is upheld.
Orders
- 10 months' salary compensation at Kshs. 160,000
- Severance pay at Kshs. 129,230
- Notice pay at Kshs. 16,000
- Total sum of Kshs. 305,230 to be paid within 30 days
Remedies
- Compensation for accrued leave days
- Severance pay
- Notice pay
Authorities cited
Legislation (2)
- Employment Act
- Industrial Court [Procedure] Rules 2010
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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