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Mbinga v Doshi & Company Limited & another (Cause E419 of 2021) [2023] KEELRC 3231 (KLR) (8 December 2023) (Judgment)

[2023] KEELRC 3231 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
3231
Citation
[2023] KEELRC 3231 (KLR)
Decided
8 December 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from the original trialCoramJAMES RIKA
Holding

Termination was substantively unfair, and the Respondent is ordered to pay salary arrears and compensation for unfair termination.

Facts

The Claimant was employed by the 1st Respondent as a Computer Operator-cum-Secretary and later promoted to various positions. She was arrested for theft by servant and later accused of soliciting bribes from suppliers. The 2nd Respondent terminated her contract in 2021.

Issues

  1. Unfair termination of employment
  2. Arrears of salary and compensation for unfair termination

Reasoning

The Court found that the termination was unfair due to the lack of just cause and the absence of proper procedures.

Outcome

Claimant wins

Orders

  • Arrears of salary at Kshs. 540,000
  • Compensation for unfair termination at Kshs. 2,268,000
  • Costs to the Claimant
  • Interest granted at court rate from the date of Judgment till payment in full
  • Certificate of Service to issue
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.
Full judgment 0.2 MB · PDF

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