Ndinyo & another v The Kenya Utalii College (Cause 2515 of 2017) [2023] KEELRC 1854 (KLR) (26 July 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1854
- Citation
- [2023] KEELRC 1854 (KLR)
- Decided
- 26 July 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramJK GAKERI, Ndolo
Holding
The termination of employment was found to be unfair.
Facts
The claimants were employed by the respondent in 2005 and 2008. The 1st claimant was appointed Acting Financial Controller in 2013 and the 2nd claimant as Acting Principal in January 2016. They were dismissed on December 15, 2017.
Issues
- Whether termination of employment was unfair.
- Whether the claimants are entitled to the reliefs sought.
Reasoning
The court held that the termination was procedurally unfair as there was no reference to the reason(s) for summary dismissal and the procedures were not followed.
Outcome
Affirmed
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (2)
- Pius Machafu Isindu V Lavington Security Guards Ltd (Supra)
- Naima Khamis V Oxford University Press (E.A) Ltd (2017) eKLR
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…