Patrick Nyongesa Makokha v Teachers Service Commission & Eldoret Polytechnic [2019] KEELRC 619 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 619
- Citation
- [2019] KEELRC 619 (KLR)
- Decided
- 17 October 2019
Summary at a glance
TypeEmployment DisputePostureAppeal from an original trial decisionCoramM. Mbaru
The claims are dismissed, except for the issuance of a Certificate of Service.
Facts
The claimant, Patrick Nyongesa Makokha, was employed as an Assistant Lecturer by the Teachers Service Commission (TSC) and posted to work at Eldoret Polytechnic. He was terminated on November 25, 2014, without pay, and no disciplinary hearing was held. The claimant seeks compensation for unpaid wages, notice pay, leave pay, and severance pay.
Issues
- Unfair termination of employment
- Lack of due process
- Unpaid wages during interdiction
Reasoning
The court finds the termination to be unfair and without due process, but denies compensation for unpaid wages during interdiction as the claimant did not plead for such.
Outcome
Appeal dismissed
Orders
- Certificate of Service issued
Authorities cited
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