Kimweli & another v Sameer Agriculture & Livestock (K) Limited (Cause 1832 of 2015) [2022] KEELRC 1150 (KLR) (26 May 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1150
- Citation
- [2022] KEELRC 1150 (KLR)
- Decided
- 26 May 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trialCoramAbuodha, KLR Mbaru
Holding
The effective dates of employment are as pleaded by the Claimants. The Claimants have made out a case of unlawful termination of employment.
Facts
Pius Muindi Kimweli and Patrick Mwanzia sued their former employer, Sameer Agriculture & Livestock (K) Limited, alleging unlawful termination of employment. They claimed unpaid salary and transport allowance for July, August, and September 2015, and one month's salary in lieu of notice.
Issues
- Effective date of employment
- Unlawful termination of employment
- Remedies sought
Reasoning
The court found that the letters of appointment were fixed-term contracts and that the effective dates of employment are as pleaded. The Respondent's notice at the gate effectively rendered the Claimants jobless, constituting unlawful termination.
Outcome
Affirmed
Remedies
- Unpaid salary and transport allowance for July, August, and September 2015
- One month's salary in lieu of notice
Authorities cited
Cases cited (3)
- Fatuma Abdi v Kenya School of Monetary Studies [2017] eKLR
- Simon Mbithi Mbane v Inter Security Services Ltd [2018] eKLR
- Felistas Acheha Ikatwa v Charles Peter Otieno [2018] 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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