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Patrick Musyoka Kakuli v Kariuki Ngari [2018] KEELRC 1252 (KLR)

[2018] KEELRC 1252 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1252
Citation
[2018] KEELRC 1252 (KLR)
Decided
17 August 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaimant vs RespondentCoramMAUREEN ONYANGO
Holding

The termination was unfair and the claimant is entitled to compensation and service pay.

Facts

Claimant was employed as a Driver by the Respondent from April 2004 to April 2013. He was dismissed in April 2013 without a hearing. The claimant was not underpaid, but the termination was unfair.

Issues

  1. Unfair termination
  2. Salary in lieu of notice
  3. Service pay
  4. Compensation for unfair termination

Reasoning

The termination was unfair as it was without a hearing, and the claimant was not underpaid. The claimant is entitled to compensation and service pay.

Outcome

Judgment in favor of the claimant

Orders

  • Pay in lieu of notice of Kshs.25,000
  • Salary of March 2013 of Kshs.25,000
  • Service pay of Kshs.125,000 for 10 years
  • Compensation of Kshs.150,000

Remedies

  • Salary in lieu of notice
  • Salary for March 2013
  • Service pay
  • Compensation for unfair termination

Authorities cited

Legislation (2)
  • Employment Act
  • Regulation of Wages and Conditions of Employment (General) Order
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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