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Vincent Ngeti Mwamburi v Trantrailers Ltd [2017] KEELRC 993 (KLR)

[2017] KEELRC 993 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
993
Citation
[2017] KEELRC 993 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaim for terminal benefits and compensation for unfair terminationCoramO. N. Makau
Holding

The summary dismissal of the claimant was unfair.

Facts

Claimant Vincent Ngeti Mwamburi was employed by respondent Trantrailers Ltd as an electrician from 27/6/2012. He was dismissed on 22/9/2014 without explanation or opportunity to defend.

Issues

  1. Whether the termination was unfair.
  2. Whether the reliefs sought ought to issue.

Reasoning

The respondent failed to prove non-performance of assigned duties and did not follow the mandatory procedure under Section 41 of the Employment Act.

Outcome

Judgment for claimant in the sum of Ks.76376 plus costs and interest.

Remedies

  • One month salary in lieu of notice (Ksh.19094)
  • Three months compensation for unfair dismissal (Ksh.57282)

Authorities cited

Legislation (1)
  • Employment Act
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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