Odaga v Mijengo Investments Limited (Cause E218 of 2022) [2025] KEMC 51 (KLR) (11 March 2025) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 51
- Citation
- [2025] KEMC 51 (KLR)
- Decided
- 11 March 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureClaimant v RespondentCoramPA Ndege
Holding
The Court found that the Respondent did not comply with the Employment Act's redundancy procedures, including the one-month notice requirement.
Facts
Claimant was employed by Respondent as a General Worker from February 2016 to July 2022. Respondent declared her redundant on July 7, 2022, without formal notice and without following the Employment Act's redundancy procedures.
Issues
- Was the redundancy declaration in accordance with the Employment Act?
- Did the Respondent pay the Claimant her full terminal dues?
Reasoning
The Employment Act requires employers to notify unions and Labour Officers at least one month before declaring redundancy. The Respondent failed to provide this notice, leading to an unlawful redundancy.
Outcome
The Court ruled in favor of the Claimant, finding the Respondent's redundancy declaration unlawful.
Remedies
- To pay the Claimant her full terminal dues and comply with the Employment Act's redundancy procedures.
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (2)
- Thomas De La Rue (k) Ltd Vrs David Opundo Omutelema (2013) e KLR
- Gerrishom Mukhusti Obayo Vrs Dsv Air And Sea Limited
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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