Ng’ongah v Mount Kenya University (Cause 1 of 2022) [2023] KEELRC 2220 (KLR) (28 September 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2220
- Citation
- [2023] KEELRC 2220 (KLR)
- Decided
- 28 September 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramCN BAARI, Radido
Holding
The court found that the Respondent did not comply with the Employment Act, 2007, in declaring Ng’ongah redundant.
Facts
Billy George Ng’ongah was employed as a Senior Lecturer by Mount Kenya University under a three-year contract. The contract was renewed in 2016 and 2019. Ng’ongah was terminated on February 6, 2020, due to redundancy.
Issues
- Whether the Respondent complied with the law in respect of the Claimant’s redundancy.
- Whether the Claimant is entitled to the reliefs sought.
- Who should bear the costs of the suit.
Reasoning
The court examined the integrity of the redundancy process and found that the Respondent did not adhere to the strict provisions of Section 40 of the Employment Act.
Outcome
Ng’ongah was found entitled to severance pay and other damages.
Orders
- Ng’ongah awarded severance pay and damages for wrongful termination.
Remedies
- Severance pay and damages for wrongful termination.
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (2)
- Kenya Union of Journalists and Allied Workers v. Nation Media Group (2013) eKLR
- Kenya Airways Limited v Aviation & Allied Workers Union Kenya & 3 others (2014) 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.
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