Mwangi v Agence Francaise De Developpement (Petition E120 of 2025) [2025] KEELRC 3664 (KLR) (17 December 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3664
- Citation
- [2025] KEELRC 3664 (KLR)
- Decided
- 17 December 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePosturePetition for relief against respondentCoramBYRAM ONGAYA, PRINCIPAL JUDGE
Holding
Court has jurisdiction to hear the petition and dismisses the preliminary objection with costs.
Facts
Petitioner Anne Mwangi filed a petition against respondent Agence Francaise De Developpement alleging workplace discrimination, harassment, and other violations of constitutional and statutory rights.
Issues
- Unpaid/Unadjusted annual salary index value
- Unadjusted one-month salary in lieu of notice
- Unadjusted Payment in lieu of accrued leave days
- Unadjusted End-year bonus
- Unadjusted severance pay (gratuity)
- Unadjusted Axa Pension
- Performance bonus for 2024
- Lost earnings
- Special damages for psychological treatment
- General and exemplary damages for constitutional and statutory violations
- Certification of service
- Restraining order against use of loans
- Interest on monetary awards
Reasoning
Court finds jurisdiction under Article 162(2) and Article 165(5) of the Constitution, and section 12 of the Employment and Labour Relations Court Act. It dismisses preliminary objection as the dispute involves constitutional violations.
Outcome
Preliminary objection dismissed with costs.
Orders
- Preliminary objection dismissed with costs.
- Parties to take directions for further steps for expeditious disposal of the petition.
Remedies
- Compulsory payment of unpaid/adjusted salaries and benefits.
- Compulsory payment of performance bonus for 2024.
- Compensation for lost earnings.
- Compensation for psychological treatment.
- Compensation for constitutional and statutory violations.
- Certification of service.
- Restraining order against use of loans.
- Interest on monetary awards.
Authorities cited
Legislation (6)
- Constitution of Kenya, 2010
- Employment and Labour Relations Court Act
- Employment Act
- Occupational Safety and Health Act
- Data Protection Act No.24 of 2019
- Fair Administrative Action 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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