Eric Kiprono Koech v Attorney General & another [2017] KEELRC 638 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 638
- Citation
- [2017] KEELRC 638 (KLR)
- Decided
- 17 October 2017
Summary at a glance
TypeEmployment DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramD. K. N. Marete
The court found the termination of the claimant's employment was unjustified, unfair, and unlawful.
Facts
The claimant, Eric Kiprono Koech, applied for and was admitted to a Higher Diploma in Public Health Education and Promotion course in 1997. He pursued a Masters Degree as a self-sponsored student from 2009. His salary was stopped in 2009, and he was terminated in 2010 on the grounds of absconding duty. He claims the termination was wrongful, unfair, and unlawful.
Issues
- Whether the termination of the employment of the claimant by the respondent was wrongful, unfairly and unlawful?
- Whether the claimant is entitled to the relief sought?
- Who bears the costs of the claim?
- Whether the respondent is entitled to the counter-claim?
Reasoning
The court held that the claimant's termination was not justified, as there was no evidence of absconding duty and no prior warning or hearing was provided.
Outcome
The claimant was reinstated in his employment.
Orders
- The claimant was reinstated in his employment.
Authorities cited
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