Ndungu v Mount Kenya University (Employment and Labour Relations Cause 973 of 2018) [2024] KEELRC 52 (KLR) (25 January 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 52
- Citation
- [2024] KEELRC 52 (KLR)
- Decided
- 25 January 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trialCoramMN NDUMA
Holding
The employment of the claimant converted to a protected employment in terms of section 35(1)(c) of the Employment Act, 2007.
Facts
Claimant Lucy Wambui Ndungu was employed by Mount Kenya University as an Associate and later as an Assistant Lecturer. Her employment contract expired on September 30, 2015, but she continued working until January 4, 2016.
Issues
- Whether the contract of employment expired by euxion of time or was unlawfully terminated
- Whether the claimant is entitled to the reliefs sought
Reasoning
The court found that the claimant continued to serve the respondent on a month-to-month basis for more than one month, thus converting her employment to a protected employment.
Outcome
Claimant's employment was found to be protected under the Employment Act, 2007.
Remedies
- Claimant's employment was found to be protected under the Employment Act, 2007.
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (3)
- George Onyango versus the Board of Directors of Numerical Marching Limited and others [2014] eKLR
- Sandra M Waswa versus Global Campaign for Free Expression
- Kenya Airways Limited versus Satwant Singh Flora 2013 eKLR
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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