Patrick Wanyonyi Munialo v Nzoia Water Services Company Limited [2022] KEELRC 970 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 970
- Citation
- [2022] KEELRC 970 (KLR)
- Decided
- 27 January 2022
Summary at a glance
TypeUnfair DismissalPostureAppeal from an original trialCoramNot explicitly named in the text, but implied to be the presiding judge(s)
The disciplinary process was unlawful and unfair due to court orders barring the process.
Facts
Claimant Patrick Wanyonyi Munialo was employed by Respondent Nzoia Water Services Company Limited as Managing Director for close to 10 years. He was dismissed on March 7, 2018, and a court order barred disciplinary action against him.
Issues
- Whether the Claimant was unlawfully and unfairly dismissed
- Whether the Claimant deserves the reliefs sought
Reasoning
The court found that the Respondent failed to adhere to the Employment Act, 2007, by not waiting for the lifting of court orders before issuing a suspension letter.
Outcome
Claimant's dismissal was found unlawful and unfair.
Remedies
- Declaration that dismissal was unlawful
- Reinstatement
- Salaries in arrears
- Compensation for unfair dismissal
- Notice pay
- Leave days not taken
- Exemplary damages
- Gratuity
- Certificate of service
- Costs of the suit
- Interest
Authorities cited
⚠ 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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