Kennedy Libese Kidake v Gilbert Ngesu Mwendwa & another [2020] KEELRC 1818 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1818
- Citation
- [2020] KEELRC 1818 (KLR)
- Decided
- 31 January 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair Termination and Underpayment CasePostureAppeal from an original trial decisionCoramRadido Stephen
Holding
The Court finds that the Respondents unfairly terminated the Claimant's employment and awards him compensation and terminal dues.
Facts
The Claimant was employed as a home caretaker from February 24, 2005. On September 17, 2014, he sought leave and agreed to proceed on leave until November 6, 2014. However, the Respondents computed his terminal dues and informed him that his services were no longer required.
Issues
- Unfair termination of employment
- Compensation for the Claimant
- Underpayment of wages and dues
Reasoning
The Court found that there was no evidence of written notice or a hearing, and thus the termination was unfair. The Court also awarded compensation and terminal dues based on the length of service and the amount computed by the Labour Office.
Outcome
The Court finds in favor of the Claimant and awards compensation and terminal dues.
Orders
- Compensation of Kshs 65,472/-
- Terminal dues of Kshs 93,286/-
Remedies
- Compensation of Kshs 158,758/-
- Claimant to have costs on a half-scale
Authorities cited
Legislation (1)
- Employment Act, 2007
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.
Loading judgment…