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Munyite v Harambee Sacco Society (Cause 671 of 2019) [2024] KEELRC 1287 (KLR) (27 May 2024) (Judgment)

[2024] KEELRC 1287 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1287
Citation
[2024] KEELRC 1287 (KLR)
Decided
27 May 2024
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeEmployment DisputePostureAppeal from an original trial decisionCoramJK GAKERI, Mbaru, Ndolo
The termination of the Claimant’s employment was found to be unfair.

Facts

Claimant was employed by Respondent as a Clerical Officer and later promoted to Accounts Assistant. In 2018, she was redeployed to the Operations Department, Credit Section and received a notice to show cause alleging negligence of duty and fraudulent payment of burial expenses. Her employment was terminated on 13th March, 2019.

Issues

  • Whether termination of Claimant’s employment by the Respondent was unfair.
  • Whether the Claimant is entitled to the reliefs sought.
  • Whether the Respondent is entitled to the counter claim.

Reasoning

The Court held that the Respondent failed to provide valid reasons for the termination and did not follow a fair procedure, leading to procedural unfairness.

Outcome

The Claimant is entitled to the reliefs sought.

Authorities cited

Legislation (1)
  • Employment Act, 2007
Cases cited (5)
  • Pius Machafu Isindu V Lavington Security Guards Ltd (2017) eKLR
  • Naima Khamis V Oxford University Press (EA) Ltd (2017) eKLR
  • Walter Ogal Anuro V Teachers Service Commission (2013) eKLR
  • Kenya Revenue Authority V Reuwel Waithaka Gitahi & 2 others (2019) eKLR
  • British Leyland (UK) Ltd V Swift (1981) I.R.L. R 91
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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