Richard Maina Mwangi v John Kaguchia Chairman Mukurwe-Ini Constituency Development Fund Committee & another [2017] KEELRC 1254 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1254
- Citation
- [2017] KEELRC 1254 (KLR)
- Decided
- 2 February 2017
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramPresiding Judge
The court held that the employment contract was not altered by the circular of the CDF Board, and the Respondents were bound by the terms of the original contract.
Facts
The Claimant, Richard Maina Mwangi, was employed by the Respondents as Coordinator/Driver from April 8, 2013, to April 8, 2015. He was entitled to a monthly salary of Kshs.45,000 and 21 days of annual leave. The contract was not renewed, and the Respondents did not pay the agreed salary and allowances.
Issues
- Service gratuity
- Unpaid salary
- Overtime
- Unpaid leave
- Terminal dues
- Underpayment
Reasoning
The court ruled that the circular did not apply to the Claimant's contract, and the Respondents were required to adhere to the terms of the original contract. The circular could not be used to change the terms of the employment contract.
Outcome
The court dismissed the claim, finding that the Respondents were not in breach of contract.
Authorities cited
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