Thomas Kimutai Biwott v Kenya Power & Lighting Co. Ltd [2017] KEELRC 1965 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1965
- Citation
- [2017] KEELRC 1965 (KLR)
- Decided
- 28 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureAppeal from original trialCoramRadido Stephen
Holding
Dismissal was unfair due to procedural and substantive unfairness
Facts
Claimant was employed by Respondent as a Metre Reader III in January 1994 and promoted to Metre Reader I in 1998. Respondent dismissed Claimant on April 7, 2015, citing habitual absenteeism and failure to respond to a desertion letter.
Issues
- Whether Claimant was an employee of the Respondent
- Whether dismissal was unfair
Reasoning
Procedural fairness was lacking as Respondent failed to comply with procedural fairness requirements. Substantive fairness was also lacking as Respondent failed to provide valid and fair reasons for dismissal.
Outcome
Claimant awarded compensation of Kshs 1,223,881/56
Orders
- Reinstatement not practical or appropriate
- Compensation awarded
Remedies
- Compensation
- Costs awarded to Claimant
Authorities cited
Legislation (1)
- Employment Act, 2007
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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