SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Mwangangi v Board of Governors, Huda Integrated School (Cause E613 of 2020) [2024] KEELRC 557 (KLR) (11 March 2024) (Judgment)

[2024] KEELRC 557 (KLR) Employment & Labour Relations Court
Read PDF
Court
Employment & Labour Relations Court
Case number
557
Citation
[2024] KEELRC 557 (KLR)
Decided
11 March 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from an original trialCoramJK GAKERI, Ndolo
Holding

The court found that the Deed of Release, Discharge and Indemnity bars the Claimant from pursuing further claims against the Respondent.

Facts

Claimant was dismissed from employment on 20th December, 2019. She signed a Deed of Release, Discharge and Indemnity on 28th December, 2019.

Issues

  1. Whether the Claimant waived her right to pursue further claims against the Respondent.
  2. Whether termination of the Claimant’s employment was unfair or unlawful.
  3. Whether the Claimant is entitled to the reliefs sought.

Reasoning

The court agreed with the principles that govern deeds of release or discharge vouchers or settlements agreements, stating that the issue should be addressed by the court to determine if the deed was freely and willingly executed.

Outcome

The court dismissed the claim.

Authorities cited

Cases cited (2)
  • Coastal Bottlers Ltd V Kimathi Mithika (2018) eKLR
  • Thomas De La Rue (K) Ltd V David Opondo Omutelema (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.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case