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Rajab Charo Kathenge v Ibrahim Sheikh [2019] KEELRC 877 (KLR)

[2019] KEELRC 877 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
877
Citation
[2019] KEELRC 877 (KLR)
Decided
19 September 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's case against Respondent for unlawful termination and other claims.CoramLINNET NDOLO
Holding

The Claimant's claims for compensation and notice pay are dismissed. The Claimant is awarded leave pay for three years in the sum of Kshs. 31,500.

Facts

Claimant was employed as a cleaner from January 2004 to July 2017. He was terminated on July 16, 2017, for alleged theft of maize flour. He claimed compensation and other benefits.

Issues

  1. Whether the Claimant has made out a case of unlawful termination.
  2. Whether the Claimant is entitled to the remedies sought.

Reasoning

The Court found the Claimant's account untruthful and dismissed his claims for compensation and notice pay. Leave pay claim is allowed.

Outcome

In favour of the Claimant

Orders

  • The Claimant is awarded Kshs. 31,500 in leave pay for three years.
  • The Claimant will have the costs of the case.

Remedies

  • Leave pay for three years

Authorities cited

Legislation (1)
  • Employment Act, 2007
Cases cited (1)
  • Omar Ndaro Zuma v Modern Coast Express [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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