Nabwaya v Western Steel Mills Limited & another (Appeal E029 of 2024) [2026] KEELRC 1200 (KLR) (30 April 2026) (Judgment)
- Court
- Employment and Labour Relations Court
- Case number
- 1200
- Citation
- [2026] KEELRC 1200 (KLR)
- Decided
- 30 April 2026
- Judge
- MA Onyango
- Parties
- raw · defendants · plaintiffs
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment and decree of the Hon. Mukabi Kimani (Principal Magistrate) in Eldoret CMELRC No. 80 of 2021CoramMaureen Onyango
Holding
The appeal is allowed in entirety.
Facts
The Appellant, Rajab Waswa Nabwaya, claimed he was unlawfully dismissed from employment by the Respondent, Western Steel Mills Limited, and was not paid his terminal dues, including house allowance, service benefits, salary in lieu of notice, compensation for unfair termination, and social security remittances.
Issues
- Whether the learned Magistrate erred in law and fact by allowing the Appellant's claim against the 2nd Respondent, Labour Planet Limited, but declining the Appellant's claim against the 1st Respondent, Western Steel Mills Limited.
- Whether the learned Magistrate erred in law and fact by failing to hold both the Respondent and the 2nd Respondent jointly and severally liable for unfair dismissal.
- Whether the learned Magistrate erred in law and fact by failing to act judiciously and properly appreciate the evidence.
Reasoning
The court re-examines the evidence and finds the learned Magistrate erred in law and fact in the above issues.
Outcome
Appeal allowed
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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