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Mbukha v CRJE (East Africa) Limited (Cause 767 of 2017) [2022] KEELRC 4059 (KLR) (30 June 2022) (Judgment)

[2022] KEELRC 4059 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
4059
Citation
[2022] KEELRC 4059 (KLR)
Decided
30 June 2022
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeEmployment DisputePostureClaimant's Motion for JudgmentCoramM. MBARŨ
Claimant is entitled to compensation, notice pay, house allowance, and a certificate of service.

Facts

Claimant was employed as a causal worker by respondent. He was arrested for alleged collusion with a driver over missing cement. He was later released without any charges.

Issues

  • Employment contract termination without notice
  • Breach of statutory duty of care
  • Fairness of termination process
  • Calculation of compensation and other claims

Reasoning

Court found the employer did not submit work records and did not address any misconduct. Claimant was a full-time employee under the Employment Act, and his termination was unfair.

Outcome

Judgment in favor of claimant

Orders

  • Compensation of Ksh.37,791.30
  • Notice pay of Ksh.12,597.10
  • House allowance of Ksh.13,440
  • Certificate of service

Authorities cited

Legislation (3)
  • Employment Act, 2007
  • Evidence Act
  • Employment and Labour Relations Court Act, 2011
Cases cited (4)
  • Christopher Baraza Wasike v Pemco Agencies limited
  • David Gichana v Mombasa Maize Millers Limited
  • Rashid Mazuri Ramadhani & 10 others v Doshi & Company (Hardware) Limited & another
  • Samuel Lukayu Agumi v Steel Structures Limited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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