Daniel Matheka Kioko v Pearl Beach Hotels Limited t/a Hotel English Point Marina (Cause 870 of 2017) [2022] KEELRC 668 (KLR) (25 February 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 668
- Citation
- [2022] KEELRC 668 (KLR)
- Decided
- 25 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from an original trial decisionCoramByram Ongaya
Holding
The Court found that the termination was unfair and unjust, and awarded the claimant compensation of Kshs. 150,000.
Facts
The claimant, Daniel Matheka Kioko, was employed by the respondent, Pearl Beach Hotels Limited, as a housekeeping supervisor. He was accused of accessing Block C where guests reported theft, but he denied the allegations. He was subsequently dismissed on September 7, 2017.
Issues
- Whether the contract of service was valid
- Whether the termination was fair in procedure and substance
- Whether the claimant was entitled to compensation for unfair termination
Reasoning
The Court determined that the claimant was not connected to the theft and that the termination was not fair. The Court awarded compensation based on the claimant's six months' salary.
Outcome
Judgment in favor of the claimant
Orders
- The respondent to pay the claimant Kshs. 205,700 by 01.04.2022
- The respondent to pay costs of the suit
Remedies
- Declaration that the termination was unlawful, unfair and unjust
- Compensation of Kshs. 150,000
Authorities cited
Legislation (1)
- Employment Act, 2007
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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