Jackson Kanigia Myagah v University of Nairobi [2022] KEELRC 324 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 324
- Citation
- [2022] KEELRC 324 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant vs RespondentCoramDr. Jacob Gakeri
Holding
The court found the termination unfair and procedurally improper.
Facts
Claimant Jackson Kanigia Myagah was employed by the University of Nairobi as a technologist Grade II from January 2008 to March 2016. His contract was renewed annually, and he was terminated on March 4, 2016, allegedly due to a circular dated February 14, 2014, which stated the university's directive to comply with the mandatory retirement age.
Issues
- Whether termination of the Claimant's contract of employment was unfair
- Validity of the termination based on the February 14, 2014 circular
Reasoning
The court determined that the termination was not procedurally fair and that the circular was not provided for review, making the termination unfair.
Outcome
The court declared the termination unfair and ordered the payment of the remaining part of the contract, gratuity, and costs.
Orders
- Declaration of unfair termination
- Payment of remaining contract
- Payment of gratuity
- Payment of costs
Remedies
- Declaration of unfair termination
- Payment of remaining contract
- Payment of gratuity
- Payment of costs
Authorities cited
Legislation (2)
- Employment Act
- Circular OP/CAB2/7A
Cases cited (3)
- Pius Machafu Isindu v Lavington Security Guards Limited
- Naima Khamis v Oxford University Press (E.A) Ltd
- Walter Ogal Anuro v Teachers Service Commission
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…