John Wekesa Wanjala v Murang’a University of Technology [2019] KEELRC 308 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 308
- Citation
- [2019] KEELRC 308 (KLR)
- Decided
- 18 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSummary DismissalPostureAppeal from a summary dismissalCoramNzioki wa Makau
Holding
The dismissal was not in accordance with the terms of service and due process was not followed. The Claimant is awarded compensation for one month and dismissed from service.
Facts
The Claimant was dismissed from employment by Murang’a University of Technology for examination malpractice. He was alleged to have altered marks in the ERP system.
Issues
- Whether the dismissal was in accordance with the terms of service
- Whether the dismissal was fair and due process was followed
- Whether the Claimant was entitled to compensation and reinstatement
Reasoning
The dismissal was for examination malpractice, but the Claimant was not given a fair hearing. The court found that the dismissal was gross misconduct but not the kind addressed by Section 44 of the Employment Act, which requires a hearing. The court ordered compensation but not reinstatement.
Outcome
Dismissal with compensation
Remedies
- Compensation of Kshs. 216,137 for one month
Authorities cited
Legislation (2)
- Employment Act
- Part IV Protection of Wages
Cases cited (2)
- Requisite Bank of Limited v Banking Insurance & Finance Union (K) [2017] eKLR
- Elijah Oyoo Okoth v Vice Chancellor Karatina University & Another [2019] eKLR
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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