Diana Kageni Mbari v National Empowerment Network of People With HIV/AIDS in Kenya (NEPHAK) [2019] KEELRC 287 (KLR)

Facts

Claimant Diana Kageni Mbari was employed as a Technical Programme Adviser by Respondent National Empowerment Network of People With HIV/AIDS in Kenya (NEPHAK) from June 2, 2005 to December 31, 2005. The contract was extended to a month-to-month contract after December 31, 2005. Claimant worked until February 17, 2006 when she was terminated without notice.

Issues

1. Whether the claimant is entitled to one month salary in lieu of notice and prorated salary for February 2006
2. Whether the claimant is entitled to unpaid salary arrears

Reasoning

The Court found that the claimant worked until February 17, 2006 and was terminated without notice, making her entitled to one month salary in lieu of notice. The claimant was also awarded prorated salary for February 2006. The Employment Act, 2007 was not applicable to the cause of action, and the claim for general damages was dismissed.

Outcome

Judgment in favor of the claimant for Kshs.188,000 and costs of the suit.

Authorities cited