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Silali v Maseno University (Cause E014 of 2023) [2024] KEELRC 967 (KLR) (22 February 2024) (Judgment)

[2024] KEELRC 967 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
967
Citation
[2024] KEELRC 967 (KLR)
Decided
22 February 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramCN BAARI
Holding

The Court found the termination unfair and ordered reinstatement.

Facts

Claimant Maurice Barasa Silali was employed by Respondent Maseeno University as a Senior Technologist, Human Anatomy. He was dismissed on grounds of misconduct and poor performance.

Issues

  1. Whether the Claimant's termination was fair.
  2. Whether the Claimant is entitled to the remedies sought.

Reasoning

The Court held that the Respondent did not adhere to fair process and did not explain the reasons for termination in a language the Claimant understood.

Outcome

Affirmed

Orders

  • Reinstatement to the former or equivalent position.

Remedies

  • Three months salary in lieu of notice.
  • 12 months gross salary as compensation for unlawful termination.

Authorities cited

Legislation (2)
  • Employment Act
  • Universities Act
Cases cited (2)
  • Postal Corporation Of Kenya vs Andrew Tanui
  • Sotik Highlands Tea Estates Ltd vs Kenya Plantation and Agricultural Workers Union
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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