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Anthony Kyalo Mwololo v Rift Valley Railways (Kenya) Ltd [2018] KEELRC 468 (KLR)

[2018] KEELRC 468 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
468
Citation
[2018] KEELRC 468 (KLR)
Decided
3 December 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent's Motion to Dismiss with CostsCoramD. K. N. Marete
Holding

The termination of the employment was not wrongful, unfair, or unlawful.

Facts

Claimant Anthony Kyalo Mwololo was employed as a Locomotive Inspecting Officer by the respondent Rift Valley Railways (Kenya) Ltd. on 1st November, 2006. He was dismissed on 23rd August, 2012, alleging gross misconduct. The claimant disputes the dismissal, alleging it was unfair.

Issues

  1. Whether the termination of the employment was wrongful, unfair, and unlawful
  2. Whether the claimant is entitled to the relief sought
  3. Who bears the costs of this claim

Reasoning

The court found that the claimant was dismissed on the grounds of gross misconduct, which were substantiated by the claimant's failure to hand over Kshs.35,700 in time for official use and submission of forged bus receipts.

Outcome

The claimant's case was dismissed with costs.

Authorities cited

Legislation (1)
  • Employment Act 2007
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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