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Njoroge v Ngarariga Girls Secondary School (Cause 1267 of 2016) [2022] KEELRC 12919 (KLR) (14 October 2022) (Judgment)

[2022] KEELRC 12919 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
12919
Citation
[2022] KEELRC 12919 (KLR)
Decided
14 October 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramSTELLA RUTTO
Holding

The court found the claimant's termination to be unfair and unlawful, and awarded him one month's salary in lieu of notice and costs.

Facts

The claimant, Simon Mungai Njoroge, was employed as a watchman at Ngarariga Girls Secondary School from October 27, 2001 until August 19, 2015. He was summarily dismissed on August 19, 2015.

Issues

  1. Whether the claimant's termination was unfair and unlawful
  2. Whether the claimant is entitled to the reliefs sought

Reasoning

The court determined that the employer failed to provide substantive justifications for the claimant's dismissal and did not follow due process.

Outcome

Judgment in favor of the claimant

Orders

  • Award of one month's salary in lieu of notice
  • Award of costs to the claimant

Remedies

  • One month's salary in lieu of notice
  • Costs awarded to the claimant

Authorities cited

Legislation (2)
  • Employment Act
  • Civil Procedure Act
Cases cited (2)
  • Walter Ogal Anuro v Teachers Service Commission
  • Chairman Board of Directors (National Water Conservation and Pipeline Corporation) v Meshack M. Saboke & 2 others
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.
Full judgment 0.2 MB · PDF

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