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Alice Njeri Wamuiga v Central Bank of Kenya [2006] KEHC 3082 (KLR)

[2006] KEHC 3082 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3082
Citation
[2006] KEHC 3082 (KLR)
Decided
27 March 2006
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a previous rulingCoramP. J. RANSLEY
Holding

The dismissal was not wrongful, and the Plaintiff is entitled to three months' notice or three months' salary in lieu of notice.

Facts

The Plaintiff was dismissed from her position at the Central Bank of Kenya on August 24, 1998, due to her absence from work without authority or reasonable excuse. She was found to have been absent from her employment from March 21, 1998, until early September.

Issues

  1. Was the Plaintiff's dismissal for misconduct wrongful?
  2. What are the Plaintiff's rights regarding notice or salary in lieu of notice?

Reasoning

The court found that the Plaintiff's absence was without reasonable excuse and that the Defendant had the right to dismiss her for misconduct. The dismissal was not wrongful, and the Plaintiff is entitled to notice or salary in lieu of notice.

Outcome

Affirmed

Orders

  • Hear the Defendant on the Plaintiff's entitlement to compensation for lack of notice or payment of three months' salary in lieu of notice.
  • Deal with costs and the fate of the counterclaim.

Remedies

  • Three months' notice or three months' salary in lieu of notice

Authorities cited

Legislation (1)
  • CBK Staff Rules and Regulations
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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