Indusa v Lake Victoria North Water Works Development Agency (Fromerly Lake Victoria North Water Services Board) & 5 others (Cause 27 of 2022) [2023] KEELRC 3432 (KLR) (29 November 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3432
- Citation
- [2023] KEELRC 3432 (KLR)
- Decided
- 29 November 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a decision to transfer employmentCoramJW KELI
Holding
The Court found the transfer invalid and ordered the Respondents to pay the Claimant's salary, allowances, and gratuity.
Facts
The Claimant, Kenneth L. Indusa, was transferred from the Lake Victoria North Water Works Development Agency (Kakamega Busia Water Supply) to Busia Water and Sewage Company. The Claimant alleged discrimination, harassment, and breach of contract.
Issues
- Whether the transfer was valid
- Whether the Claimant was an employee
- Whether the Respondents were aware of the Claimant's disability
- Whether the Claimant's rights under the Persons with Disability Act were violated
Reasoning
The Court ruled that the transfer was discriminatory and unprocedural, and that the Respondents were not aware of the Claimant's disability.
Outcome
The Claimant's contract of employment remains legal and binding.
Orders
- Declaration that the contract of employment remains legal and binding
- Order for payment of salary, allowances, and gratuity
- Declaration of discrimination and harassment
Remedies
- Declaration of invalidity of the transfer
- Payment of salary, allowances, and gratuity
Authorities cited
Legislation (2)
- Water Act 2016
- Persons with Disability Act
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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