Murundu v Tom Mboya University College (Cause E029 of 2022) [2023] KEELRC 1072 (KLR) (4 May 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1072
- Citation
- [2023] KEELRC 1072 (KLR)
- Decided
- 4 May 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureRespondent Responded, Claimant Filed Amended ClaimCoramCN BAARI
Holding
The dismissal was found to be unfair.
Facts
The Claimant was employed as a grade 12 lecturer by the Respondent on February 8, 2018. He was suspended on February 10, 2020, and later dismissed on February 28, 2020, for leaking examination papers and interfering with the investigation process.
Issues
- Whether the Claimant was unfairly terminated.
- Whether the Claimant is deserving of the remedies sought.
Reasoning
The Court found that the dismissal was not in accordance with the Employment Act, 2007, which requires fair procedures and justifiable reasons for termination.
Outcome
The Claimant was declared not to have been unfairly terminated.
Remedies
- Declaration that termination of employment is illegal, unfair and against the provision of the law.
- Payment of Kshs 1,976,340.00 in damages for the unlawful termination of employment.
- Certicate of Service.
- Costs of this suit.
- Interest.
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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