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Awadh v Mukawa (Hotels) Holdings Limited t/a Nairobi Safari Club (Cause 2185 of 2024) [2025] KEELRC 2207 (KLR) (23 July 2025) (Judgment)

[2025] KEELRC 2207 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2207
Citation
[2025] KEELRC 2207 (KLR)
Decided
23 July 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from a decision to dismiss the claimCoramDKN MARETE
Holding

The court finds the termination procedurally unfair and substantively unjustified, violating Sections 41, 43, and 45 of the Employment Act, 2007.

Facts

The claimant, Shee G Awadh, was employed as a Human Resource Manager by Mukawa (Hotels) Holdings Limited t/a Nairobi Safari Club from February 1, 2013, to January 22, 2014. He was terminated on January 21, 2014, without notice or a hearing.

Issues

  1. Procedural fairness in termination
  2. Unlawfulness of termination

Reasoning

The court ruled that the termination was procedurally unfair and substantively unjustified, violating the Employment Act, 2007.

Outcome

Claimant's claim for a declaration of wrongful termination, compensation, unpaid salary, and untaken leave was allowed.

Orders

  • A declaration of wrongful termination
  • Eight months salary compensation
  • Unpaid salary for 9 days in January, 2014
  • Untaken leave for 30 days
  • Costs to be borne by the Respondent

Authorities cited

Legislation (1)
  • Employment Act, 2007
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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