Musyimi v Landmark Holdings Limited (Employment and Labour Relations Cause E566 of 2020) [2025] KEELRC 1033 (KLR) (28 March 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1033
- Citation
- [2025] KEELRC 1033 (KLR)
- Decided
- 28 March 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureAppeal from a previous decisionCoramJW KELI
Holding
The court held that the claimant was an employee and that the termination of his employment was unfair and without just cause.
Facts
The claimant, Musyimi, was employed as a helper in the mechanical section of the respondent, Landmark Holdings Limited, from January 2014 to January 2018. He was injured at work on 23rd September 2017 and was assessed to have 10% permanent incapacity. He was subsequently reassigned duties but his employment was terminated without notice.
Issues
- Whether the claimant was an employee or a casual labourer
- Whether the termination of the claimant's employment was fair and just
- Whether the claimant was entitled to the relief sought
Reasoning
The court found that the claimant was an employee and that the termination was procedurally unfair.
Outcome
The claimant was declared to have been wrongfully terminated and was awarded declarations and relief.
Orders
- A declaration that the termination of the claimant's employment was wrongful, unlawful and unfair
- A declaration that the termination of the claimant's employment infringed his constitutional rights
- A declaration that the respondent infringed the claimant's right to information and dignity
- A declaration that the respondent's conduct towards the claimant was unfair
Remedies
- Declarations and relief as per the court's findings
Authorities cited
Legislation (3)
- Section 45 of the Employment Act
- Article 41 of the Constitution of Kenya
- Article 28 of the Constitution of Kenya
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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