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Kenyatta Maita Mwawashe v Plan International Kenya [2017] KEELRC 624 (KLR)

[2017] KEELRC 624 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
624
Citation
[2017] KEELRC 624 (KLR)
Decided
24 October 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramJames Rika
Holding

The Respondent is ordered to pay the Claimant gratuity at Kshs. 740,742, with interest at 14% per annum from the date of resignation, and costs to the Claimant.

Facts

The Claimant, Kenyatta Maita Mwawashe, was employed by the Respondent, Plan International Kenya, as a Governance Technical Advisor. He resigned on 24th June 2013, and was not paid his gratuity of Kshs. 735,000.

Issues

  1. Payment of gratuity
  2. Interest on gratuity

Reasoning

The Respondent's policy did not require a minimum service period, and the Claimant's salary during study was offset against the cost of relieving him. The Respondent's human resources policy was misinterpreted, leading to the delay in payment.

Outcome

In favor of the Claimant

Orders

  • Payment of gratuity at Kshs. 740,742
  • Interest at 14% per annum from June 24, 2013
  • Costs to the Claimant

Remedies

  • Gratuity
  • Interest
  • Costs
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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