Musau & another v Treadsetters Tyres Limited (Appeal E155 of 2021) [2024] KEELRC 87 (KLR) (31 January 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 87
- Citation
- [2024] KEELRC 87 (KLR)
- Decided
- 31 January 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the Trial CourtCoramJAMES RIKA
Holding
The Trial Court’s judgment and proceedings are set aside, and a retrial is ordered.
Facts
The two appellants, Josephine Malinda Musau and Esther Mugure Kariuki, were dismissed by the respondent, Treadsetters Tyres Limited, as Customer Relations Managers for alleged involvement in the loss of the respondent's tyres. They sought declarations, salaries, allowances, damages, and certificates of service.
Issues
- Whether the dismissal was unfair and unlawful
- Whether the appellants are entitled to back pay and other benefits
Reasoning
The judgment and proceedings were flawed, warranting a retrial to ensure justice.
Outcome
Appeal allowed
Orders
- Proceedings and judgment of the Trial Court are set aside
- A retrial is ordered before another Hon. Magistrate designated by the relevant Chief Magistrate, Nairobi
- No order on costs
Remedies
- A retrial to be held
- Back pay and other benefits to be determined in the retrial
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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