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Apondi v Moi High School Kabarak (Employment and Labour Relations Cause E255 of 2023) [2025] KEMC 271 (KLR) (11 November 2025) (Judgment)

[2025] KEMC 271 (KLR) Magistrate's Courts
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Court
Magistrate's Courts
Case number
271
Citation
[2025] KEMC 271 (KLR)
Decided
11 November 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureClaimant v RespondentCoramKimondo
Holding

The Court found that the Claimant was an employee of the Respondent as defined in the Employment Act, 2007.

Facts

Claimant was employed as a tailor by Respondent from October 1979 until his termination on 31/05/2023. He claimed unfair termination and underpayment of wages.

Issues

  1. Whether there was an employment relationship between the Claimant and the Respondent
  2. Whether the termination was fair

Reasoning

The Court considered the leave application form, casual basis employment letter, and other documents produced by the Claimant, and the payment records and admission forms produced by the Respondent.

Outcome

Claimant's claim for unfair termination and underpayment of wages is upheld.

Remedies

  • Notice pay and compensation for the period of employment

Authorities cited

Legislation (2)
  • Employment Act 2007
  • Public Service Commission Act
Cases cited (2)
  • Everret Aviation Ltd v Kenya Revenue Authority (2013) eKLR
  • Maurice Oduor Oketch v Chequered Flag Limited (2013) KEELRC 891 KLR
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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