Patrick Omutia Otulia & another v Nairobi City Water & Sewerage Company Limited [2018] KEELRC 1936 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1936
- Citation
- [2018] KEELRC 1936 (KLR)
- Decided
- 22 May 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The Claimants are entitled to 6 months salary in lieu of notice, gratuity payment, and 8 months salary as damages for unlawful termination.
Facts
The 1st and 2nd Claimants were employed by the Respondent under employment contracts dated 19.6.2007. The 2nd Claimant died, and Peter Gachie Karogi was appointed as her legal representative. The Respondent terminated their services in May 2010 without giving reasons, and the Claimants claimed unlawful termination.
Issues
- Unlawful termination
- Statutory deductions
Reasoning
The Court found the termination to be arbitrary and without valid reasons, and the Board's decision was improperly constituted.
Outcome
In favor of the Claimants
Orders
- 6 months salary in lieu of notice
- Gratuity payment
- 8 months salary as damages
Remedies
- Statutory deductions
- Costs of the suit
Authorities cited
Legislation (2)
- Article 47 of the Constitution of Kenya
- 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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