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Ngigi v Kenya National Union of Teachers (KNUT); Teachers Service Commission (TSC) (Interested Party) (Employment and Labour Relations Cause E6459 of 2020) [2024] KEELRC 615 (KLR) (14 March 2024) (Judgment)

[2024] KEELRC 615 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
615
Citation
[2024] KEELRC 615 (KLR)
Decided
14 March 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureClaimant's AppealCoramAN MWAURE, Ali-Aroni, Mbaluto, Mulwa, Odunga
Holding

The Claimant is entitled to the reliefs sought, including service gratuity, pension, and WCPS contribution.

Facts

Claimant was employed by the Interested Party as a teacher and later became an Executive Branch Secretary of the Respondent. He was granted leave of absence to serve the Respondent full-time and was released from teaching service on 01.11.2013.

Issues

  1. Service Gratuity, Pension & WCPS Contribution
  2. Uncontroverted Evidence

Reasoning

The court held that the Respondent failed to remit the full amount for the Claimant's pension and WCPS contribution as agreed. The evidence presented by the Claimant was uncontroverted, and the Respondent did not provide any evidence to the contrary.

Outcome

Claimant's appeal upheld

Remedies

  • Remedies for service gratuity, pension, and WCPS contribution

Authorities cited

Cases cited (6)
  • Nelson Keshei v Narok County Government & another [2019] eKLR
  • Shaneebal Limited v County Government of Machakos [2018] eKLR
  • Janet Kaphiphe Ouma & Another v Marie Stopes International (Kenya) Kisumu HCCC No. 68 of 2007
  • Edward Muriga Through Stanley Muriga v Nathaniel D. Schulter Civil Appeal No. 23 of 1997
  • Interchemie EA Limited v Nakuru Veterinary Centre Limited Nairobi (Milimani) HCCC No. 165B of 2000
  • Kenya Power and Lighting Company Limited v Nathan Karanja Gachoka & another [2016] 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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