Gichuki v Kenya Power & Lighting Company PLC (Petition E021 of 2024) [2025] KEELRC 2578 (KLR) (26 September 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2578
- Citation
- [2025] KEELRC 2578 (KLR)
- Decided
- 26 September 2025
The court finds that the Respondent violated the Petitioner's constitutional rights under Article 41 of the Constitution by employing her on repeated temporary contracts. The court orders the Respondent to pay general damages of Kshs. 450,000 and interest at court rate.
Facts
Petitioner Margaret Gichuki was employed as a meter reader by Respondent Kenya Power & Lighting Company PLC from 2015 to 2023. She was dismissed on July 4, 2023, for alleged fraudulent activity. She appealed and was dismissed again. She later filed a petition alleging constitutional violations.
Issues
- Violation of constitutional rights
- Unfair dismissal
Reasoning
The court ruled that the Petitioner's repeated employment on temporary contracts violated her right to fair labour practices under Article 41 of the Constitution. The court found that the Respondent disregarded the Public Service Commission Act and Regulations and the Employment Act.
Outcome
Petitioner's constitutional rights violated, general damages awarded
Orders
- General damages of Kshs. 450,000
- Interest at court rate
Remedies
- General damages
- Interest
Authorities cited
Legislation (2)
- Public Service Commission Act
- Employment Act
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