Mukade v Aliwalis (Cause 2137 of 2015) [2023] KEELRC 839 (KLR) (13 April 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 839
- Citation
- [2023] KEELRC 839 (KLR)
- Decided
- 13 April 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeWrongful DismissalPostureAppeal from an original trialCoramAbuodha, JK GAKERI, Maureen Onyango, Ndolo
Holding
The court held that the Claimant was not a casual employee and the termination was not fair.
Facts
Claimant was employed as a house help from March 15, 2002 to August 2015. She was terminated without notice or pay for 25 days in August 2015.
Issues
- Whether the Claimant was a casual employee of the Respondent.
- Whether the Claimant was entitled to the reliefs sought.
Reasoning
The court found that the Claimant was employed as a house help for 161 months and the Respondent did not provide evidence of casual employment. The court also found that the termination was unfair as there was no valid reason and no fair procedure.
Outcome
Affirmed
Remedies
- A declaration that termination of employment was wrongful and unfair.
- Terminal dues of Kshs 842,358/= comprising various components.
- Certificate of service.
- Costs of the suit.
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (3)
- Humphrey Munyithya Mutemi V Soluxe International Group of Hotels and Lodges Ltd (2020) eKLR
- Nicholus Kipkemoi Korir V Hatari Security Guards Ltd (2016) eKLR
- 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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