Wekesa v Aga Khan Academy, Mombasa (Cause E015 of 2024) [2025] KEELRC 324 (KLR) (6 February 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 324
- Citation
- [2025] KEELRC 324 (KLR)
- Decided
- 6 February 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a previous judgmentCoramM. Mbarũ
Holding
The court rectifies the previous judgment and awards the claimant three months' notice pay of Ksh.787,500.
Facts
The claimant, Erick Wanjala Wekesa, was employed by the respondent, Aga Khan Academy, Mombasa. The claimant sought rectification of a previous judgment awarding one month's notice pay instead of three months' notice pay as per the contract.
Issues
- Rectification of the previous judgment
- Award of three months' notice pay instead of one month's notice pay
Reasoning
The court held that the previous judgment was erroneous as the contract provided for three months' notice pay, and the court's discretion was limited by the terms of the employment contract.
Outcome
Claimant's application is allowed, and the previous judgment is rectified.
Orders
- Notice pay of Ksh.787,500 to the claimant
Remedies
- Rectification of the previous judgment
Authorities cited
Legislation (1)
- Employment Act
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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