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James Magenda Njaga v Board of Governors Kamune Secondary School [2018] KEELRC 1212 (KLR)

[2018] KEELRC 1212 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1212
Citation
[2018] KEELRC 1212 (KLR)
Decided
31 August 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureClaimant's undefended suitCoramMAUREEN ONYANGO
Holding

Claimant is entitled to gratuity at the rate of one twelfth of his salary for each completed month of service based on the last salary. The claimant is entitled to Kshs.106,200.

Facts

Claimant James Magenda Njaga was employed as a Laboratory Technician Assistant by the respondent, Kamune Secondary School, from October 1991 to May 2011. He retired on May 30, 2011, and was not paid terminal dues.

Issues

  1. Claimant's entitlement to terminal benefits and costs

Reasoning

The court found that the claimant was entitled to gratuity as he had worked for 19 years, 8 months and had not taken any outstanding leave.

Outcome

Claimant wins

Orders

  • Award of Kshs.106,200 in gratuity
  • Claimant's costs awarded
  • Interest on the decretal sum from the date of filing suit

Remedies

  • Gratuity
  • Costs
  • Interest

Authorities cited

Legislation (2)
  • Employment Act
  • Evidence 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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