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Jemurgor v Moi University (Petition E030 of 2022) [2024] KEELRC 2839 (KLR) (14 November 2024) (Judgment)

[2024] KEELRC 2839 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2839
Citation
[2024] KEELRC 2839 (KLR)
Decided
14 November 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePosturePetition for Declaration and RemediesCoramMA ONYANGO
Holding

The Petitioner's employment relationship with Moi University was established, and the termination was found to be unfair.

Facts

The Petitioner, Benedictor Jemurgor, was terminated by Moi University on April 14, 2022, for failing to obey lawful orders and participating in an illegal strike. The termination was based on the Employment Act and Human Resource Policies and Procedures Manual.

Issues

  1. existence of employment relationship
  2. fairness of termination
  3. Petitioner's entitlement to remedies

Reasoning

The court found that the Petitioner's employment relationship with Moi University was established. The termination was deemed unfair due to the lack of justifiable reasons and procedural fairness.

Outcome

The Petitioner's petition was dismissed.

Authorities cited

Legislation (2)
  • Employment Act 2007
  • Constitution of Kenya 2010
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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