Saisi v Francis Mulama Kadima t/a Kadima & Company Advocate (Cause 11 of 2020) [2025] KEELRC 737 (KLR) (7 March 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 737
- Citation
- [2025] KEELRC 737 (KLR)
- Decided
- 7 March 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstructive DismissalPostureAppeal from the original trialCoramAGNES KITIKU NZEI
Holding
The Claimant is awarded Kshs.4,597,500/= for unpaid salary/allowances.
Facts
The Claimant was employed as a Legal Assistant by the Respondent. The Respondent failed to remit part of the Claimant's salary to the Law Society of Kenya, which was a condition to the Claimant's re-applying for restoration to the Roll of Advocates. The Respondent also withheld deductions and allowances, causing the Claimant to be economically sucated.
Issues
- Constructive dismissal
- Unpaid salary/allowances
- Unpaid leave days
- Issuance of Certificates of Service
Reasoning
The Claimant's resignation was on 8th August, 2019, and the claim was filed within 12 months of that date. The claim for unpaid leave days was not proved.
Outcome
In favor of the Claimant
Orders
- Award of Kshs.4,597,500/= for unpaid salary/allowances
- Award of Certificates of Service
- Each party bears their own costs
Remedies
- Remuneration for unpaid salary/allowances
- Issuance of Certificates of Service
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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