SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Salim Nassoro Mwariwa & others v Hakika Transporters Limited [2018] KEELRC 1950 (KLR)

[2018] KEELRC 1950 (KLR) Employment & Labour Relations Court
Read PDF
Court
Employment & Labour Relations Court
Case number
1950
Citation
[2018] KEELRC 1950 (KLR)
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

TypeUnfair DismissalPostureAppeal from original trialCoramONESMUS N. MAKAU, LINNET NDOLO
The termination of the claimants' employment was unfair and unlawful

Facts

Claimants were dismissed by respondent on 3.9.2015 without valid reasons and fair procedure. They claimed they were dismissed due to absconding work and insubordination.

Issues

  • Whether the termination of employment was unfair and unlawful
  • Whether the claimants are entitled to terminal dues

Reasoning

The respondent failed to prove the reasons for terminating the claimants' contracts of service and did not follow the mandatory procedure provided by section 41 of the Act.

Outcome

Judgment for the claimants in the following terms: notice, compensation, certificate, and costs.

Orders

  • Notice 21,000 for Salim Nassoro Mwaviwa
  • Notice 24,650 for Edwin Mazungu Lwambi
  • Notice 25,000 for Michael M. Munga
  • Notice 21,000 for Francis Wambwire Otwane

Remedies

  • Compensation 210,000 for Salim Nassoro Mwaviwa
  • Compensation 246,500 for Edwin Mazungu Lwambi
  • Compensation 250,000 for Michael M. Munga
  • Compensation 210,000 for Francis Wambwire Otwane

Authorities cited

Legislation (1)
  • Employment Act
⚠ 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.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case