Muganda v Brookside Dairy Limited & 2 others (Petition E002 of 2025) [2025] KEELRC 2245 (KLR) (29 July 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2245
- Citation
- [2025] KEELRC 2245 (KLR)
- Decided
- 29 July 2025
The court finds that the Petitioner's constitutional rights were violated, and the Employment Act was breached.
Facts
Petitioner, T. O. Muganda, was a Salesman at Brookside Dairy Limited from March 14, 2007. He made an order valued at Kshs.578,959.37 on August 12, 2023, and collected it on the same day. He was summoned for an outstanding balance of Kshs.289,752.67 on August 17, 2023. He admitted to another order on August 16, 2023, valued at Kshs.569,358.48, with an outstanding balance of Kshs.289,821.67.
Issues
- Violation of constitutional rights
- Breach of Employment Act
- Violation of Fair Administrative Action Act
Reasoning
The court determined that the Petitioner's constitutional rights were violated and that the Employment Act was breached. The court also found that the Petitioner was summoned for an outstanding balance of an order he had made, and the amount was not applied correctly.
Outcome
The Petitioner's constitutional rights were violated, and the Employment Act was breached.
Orders
- The Petitioner's constitutional rights were violated.
- The Employment Act was breached.
Remedies
- The court ordered the respondents to rectify the violations and provide appropriate remedies.
Authorities cited
Legislation (2)
- Employment Act No. 11 of 2007
- Fair Administrative Action Act
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