Joshua Onduru Nyayiera v Egerton University [2021] KEELRC 1003 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1003
- Citation
- [2021] KEELRC 1003 (KLR)
- Decided
- 21 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePosturePetition for Unfair Termination and CompensationCoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The court finds for the petitioner, awarding damages equivalent to 10 months' salary and damages for breach of constitutional rights.
Facts
Petitioner Joshua Onduru Nyayiera was employed by Respondent Egerton University as a messenger. He was transferred to the Human Nutrition department and later dismissed for alleged tampering with security apparatus. The dismissal was challenged on grounds of unfair termination and violation of constitutional rights.
Issues
- Due Process
- Constitutional Rights
- Remedies
Reasoning
The court found that the petitioner was not given a fair hearing and that his dismissal was without valid reasons and due process. The court also found that the petitioner's constitutional rights were violated.
Outcome
Petitioner awarded damages of 807,300/=.
Orders
- Award of damages equivalent to 10 months' salary
- Award of damages for breach of constitutional rights
- Payment of costs and interest
Remedies
- Damages for unfair termination
- Damages for violation of constitutional rights
- Payment of costs and interest
Authorities cited
Legislation (2)
- Employment Act 2007
- Fair Administrative Actions Act 2015
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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