Kelvin Reynold Namale v Yako Supermaket Company Ltd [2019] KEELRC 2360 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2360
- Citation
- [2019] KEELRC 2360 (KLR)
- Decided
- 1 February 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnlawful dismissalPostureAppeal from original trialCoramHON. M. N. NDUMA, JUDGE
Holding
The Claimant's claim for unlawful dismissal and assault is dismissed. The Claimant is entitled to payment of Kshs 34,000 as claimed.
Facts
The Claimant was employed as a casual employee by the Respondent. He was confirmed to a permanent position as an Information Technology Technician. The Claimant reported some suspicious fund movements to his supervisors, which led to his arrest and dismissal.
Issues
- Whether the Claimant was dismissed from work or absconded from duty.
- Whether the Claimant is entitled to the reliefs sought.
- Whether the Respondent has proved the counter claim.
Reasoning
The Claimant failed to prove that he was unlawfully dismissed or assaulted. The Respondent admitted the Claimant's employment and salary, and the Claimant was not paid leave and arrear salary.
Outcome
Judgment in favor of the Claimant for Kshs 34,000 in lieu of leave and arrear salary.
Orders
- The Respondent to pay costs of the suit.
- The Respondent to provide the Claimant with Certificate of Service within 30 days.
Remedies
- Payment of Kshs 34,000 in lieu of leave and arrear salary.
- Interest at court rates from the date of filing suit till payment in full.
Authorities cited
Legislation (1)
- Evidence Act Cap 80 Laws of Kenya
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.
Loading judgment…