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Benson Okonji Atira v Kibera Church of God Primary School [2019] KEELRC 646 (KLR)

[2019] KEELRC 646 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
646
Citation
[2019] KEELRC 646 (KLR)
Decided
30 September 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeSummary JudgmentPostureClaimant seeks damages for unlawful termination and unpaid salaryCoramHON. LADY JUSTICE HELLEN WASILWA
Holding

Claimant was unfairly and unlawfully terminated, and awarded compensation equivalent to 12 months' salary

Facts

Claimant was employed as Head Teacher by Respondent from July 2009. In August 2012, he was suspended without notice. He claims wrongful termination and seeks compensation for salary arrears.

Issues

  1. Unlawful termination
  2. Unpaid salary

Reasoning

Claimant's termination was without due process and contrary to his rights under the Constitution and Employment Act.

Outcome

Claimant awarded compensation for unlawful termination and unpaid salary

Orders

  • Award of compensation for unlawful termination
  • Payment of costs of the suit
  • Interest on compensation at court rate

Remedies

  • Compensation for unlawful termination
  • Payment of costs
  • Interest on compensation

Authorities cited

Legislation (2)
  • Employment Act
  • Constitution of Kenya
Cases cited (1)
  • Beatrice Achieng Osir v Board of Trustees Teleposta Pension Scheme
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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