Susan Njoki Kibe aka Susan Mungai v Institute of Certified Public Accountants of Kenya (ICPAK) [2019] KEELRC 1813 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1813
- Citation
- [2019] KEELRC 1813 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnlawful and Unfair Termination of EmploymentPostureClaimant vs RespondentCoramHellen S. Wasilwa
Holding
The termination was found to be unfair and unlawful.
Facts
Claimant worked for the Respondent as an Accountant from April 2, 2003, and was terminated in March 2014. She received a show cause letter and a termination letter, but the disciplinary process was alleged to be unfair and marred with irregularities.
Issues
- Fairness of termination
- Procedural irregularities in disciplinary process
- Lack of clarity in disciplinary hearing
Reasoning
The court found that the disciplinary process was unfair due to lack of clarity in the disciplinary hearing and the absence of a fair procedure.
Outcome
Claimant awarded 2,332,175.80 Kenyan Shillings in total.
Orders
- 35 leave days owing
- 4 days salary for March 2014
- 1 month salary in lieu of notice
- 6 months' salary as compensation for unlawful termination
Remedies
- Payment of leave days and salary
- Compensation for unlawful termination
- Award of costs and interest
Authorities cited
Legislation (2)
- Employment Act 2007
- Accountants Act 2008
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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