Daniel Mwachiro v Fatuma Wambui Kamau & 2 others [2016] KEELRC 220 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 220
- Citation
- [2016] KEELRC 220 (KLR)
- Decided
- 2 December 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant vs. Respondents (2nd and 3rd Respondents declined, 1st Respondent ordered to pay severance)CoramJames Rika
Holding
The 1st Respondent is ordered to pay the Claimant the sum of Kshs. 110,075 as the balance of severance pay
Facts
Claimant was employed by the deceased husband of the 1st Respondent in a family business. After the husband's death, the business was continued by the 1st Respondent, and the Claimant was employed by her. The Claimant's position was declared redundant, and he claimed severance pay.
Issues
- Whether the 2nd and 3rd Respondents are liable for severance pay
- Whether the 1st Respondent is liable for severance pay and the amount thereof
Reasoning
The Court found that the 1st Respondent continued to employ the Claimant after her husband's death and should be held liable for severance pay. The 2nd and 3rd Respondents were not involved in the day-to-day running of the business and were not appointed as Employers.
Outcome
The 1st Respondent ordered to pay severance pay
Orders
- The Claim against the 2nd and 3rd Respondents is declined.
- The 1st Respondent shall pay to the Claimant the sum of Kshs. 110,075, being the balance of severance pay.
Remedies
- Severance pay of Kshs. 110,075
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.
Loading judgment…