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Roseline Ohanya v Emergency Plus Medical Services [2019] KEELRC 1028 (KLR)

[2019] KEELRC 1028 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1028
Citation
[2019] KEELRC 1028 (KLR)
Decided
16 July 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramMAUREEN ONYANGO, MATHEWS NDERI NDUMA
Holding

Claimant is entitled to 10% commission on the Kisii contract for one year, amounting to Kshs.567,000.

Facts

Claimant was a marketing agent for the respondent, engaged to supply ambulances to Kisii County. The respondent offered a 1.5% token payment for the Kisii contract, but the claimant was entitled to 10% commission as per her contract.

Issues

  1. Whether the claimant is entitled to 10% commission on the Kisii contract.
  2. Whether the claimant is entitled to two years' commission.

Reasoning

The respondent's offer of a 1.5% token payment was not in accordance with the contract, which provided for a 10% commission. The contract was for one year, so the claimant is entitled to 10% commission for that period.

Outcome

Claimant wins, receives Kshs.567,000 in commission.

Orders

  • Enter judgment for the claimant in the sum of Kshs.567,000.
  • Respondent to pay claimant's costs.

Remedies

  • Kshs.567,000 in commission.
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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