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Eric Kiprono Koech v Attorney General & another [2017] KEELRC 638 (KLR)

[2017] KEELRC 638 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
638
Citation
[2017] KEELRC 638 (KLR)
Decided
17 October 2017
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

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

Legislation (2)
  • Article 21, 27, 28, 41 and 236 of the Kenya Constitution
  • Article 50(2) of the Constitution of Kenya, 2010
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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