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KENYA METHODIST UNIVERSITY
V.
MARY KAUNGANIA & ANOR

(2022) JELR 113450 (CA)

Court of Appeal 4 Feb 2022 Kenya
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Case Details

Suit Number:Civil Appeal 61 of 2017
Judges:AK Murgor, JA P Nyamweya, JA JW Lessit, JA
Location:Nyeri

JUDGMENT

  1. The Kenya Methodist University, the Appellant herein is aggrieved by a judgment delivered by the Employment and Labour Relations Court (hereinafter “ELRC”) in which it allowed the consolidated claims by Mary Kaugania and Kaberia Isaac Kubai, the 1st Respondent and 2nd Respondent herein respectively. The ELRC in this respect granted the 1st and 2nd Respondents various declaratory orders, namely that they were entitled to the enjoyments of rights and fundamental freedoms guaranteed under Article 41 (2) (a) and 47 (1) & (2) of the Constitution; that at all material times they were entitled to the full and unlimited enjoyment of the statutory rights secured under the Employment Act; and that the termination of their employment was unconstitutional, unlawful, contrary to the rules of natural justice, non- procedural, null and void and therefore of no effect.

  2. The said Court granted the 1st Respondent a further declaratory order that the Respondent’s act of placing the said Respondent…

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