Ngatia t/a Ngatia & Associates Advocates v Jumba (Appeal E146 of 2021) [2022] KEELRC 13030 (KLR) (31 October 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 13030
- Citation
- [2022] KEELRC 13030 (KLR)
- Decided
- 31 October 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureFirst appeal from the judgment of the Chief Magistrates' Court of Kenya at NairobiCoramJK GAKERI
Holding
The appeal is not merited due to the failure to issue a written contract of service and the absence of a proper hearing.
Facts
The respondent was suspended and dismissed from employment by the appellant. The appellant claims the respondent was not given an opportunity to defend himself.
Issues
- Whether the appeal is merited.
- Whether the cross-appeal is merited.
Reasoning
The court found that the contract of service should have been in writing and that the respondent was not given an opportunity to defend himself, which was against the gradient of the evidence.
Outcome
The appeal is dismissed.
Authorities cited
Legislation (2)
- Employment Act, 2007
- Constitution of Kenya, 2010
Cases cited (4)
- Selle & Another v Associated Motor Boat Co Ltd & Others
- Joseph Okello Odhiambo & another V YJ Elmi & others
- Robai Musinzi V Mohammed Safdar Khan
- Louice Otieno V Kenya Commercial Bank Ltd
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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