Search court decisions

…The act and the rules provide adequate remedies and orderly enforcement mechanisms.…

…Is the Employment Act a sufficient statute to remedy the claims made by the petitioner herein?…

…The objections are that the claim and application are legally flawed and breach the doctrine and principle of exhaustion of alternative remedies.…

…It is a principle that requires parties to exhaust all available local administrative remedies before seeking redress in a court of law on a constitutional issue.…

…In the case of John Harum Mwau v Peter Gastrow & 3 others [2014] eKLR the court held that courts will not normally consider a constitutional question unless the existence of a remedy depends on it.…

…If a remedy is available to an applicant under some other legislative provision, such should be applied.…

…The learned magistrate erred in law and fact in awarding the remedies sought without providing any, or any lawful basis, for the award.…

…However, the Supreme Court in the case of Communications Commission of Kenya & 5 others v Royal Media Services Limited & 5 others [2015] KESC 15 (KLR) held that where statutory remedies exist, constitutional claims should…

…The two Acts and the rules made thereunder provide adequate remedy and orderly enforcement mechanisms.…

…Determination The main issue for determination in this case is whether the Claimant's dismissal was justifiable and lawful, and whether the remedy sought, reinstatement, should be issued or alternative remedies.…

…Under section 12(3)(viii) of the Employment and Labour Relations Court Act and section 49 (4) of the Employment Act, in addressing the remedy of reinstatement, the court is required to consider the time elapsed since the…

…Determination Through a petition dated 9 April 2025, the petitioner is seeking various remedies, including a declaration that the letter dated 3 April 2025 terminating the contract of employment be deemed illegal.…

…Based on the remedies sought, an order of reinstatement is regulated under Section 49 of the Employment Act, read with Section 12(3) of the Employment and Labour Relations Court Act.…

…that there was unfair termination of employment, under the law, there are several remedies available the court should exercise discretion to determine whether to allow any or all of the remedies provided.…

…Looking at the remedies available under Section 49, for unfair termination of employment, compensation is due at 12 months which should be awarded.…

…Determination On the pleadings, evidence and written submissions, the issues which emerge for determination are; What was the period of employment; Whether there was unfair termination of employment; Whether the remedies…

…Determination From the pleadings, evidence and written submissions, the issues which emerge for determination are; What was the period of employment; Whether there was unfair termination of employment; Whether the remedies…

…To avoid contravention of the law, the respondents seek the court to substitute the decision by PSC with remedies for wrongful and unfair termination provided under section 49 of the Employment Act.…

…The respondents have not complied and, in reply to the instant application, are seeking the court to substitute the PSC decision with remedies under section 49 of the Employment Act regarding wrongful termination of employment…

…On 17 August 2021, it was amicably and by consent agreed that the respondent would make the necessary adjustments to remedy the matter.…

…The claimant only exhausted some remedies available before approaching court under section 77 of the County Government Act.…

…The petitioner has failed to exhaust alternative remedies before filing the petition, as matters addressed herein are within the investigative mandate of other agencies under articles 79 and 241 of the constitution.…

…Unless these statutes are insufficient and the matter concerns the interpretation of constitutional rights and freedoms, a party should not pursue a constitutional petition route without exhausting available statutory remedies…

…There were no valid reasons for terminating his employment by summary dismissal, and he was justified in seeking the remedies as held in Kenfreight (E.A) Limited v Benson K. Munguti [2016] eKLR.…

…The Act provides several remedies for unlawful or wrongful termination under Section 49. It is up to the judge to exercise his discretion to determine whether to allow any or all of the remedies provided.…

…The learned magistrate analyzed the evidence well and concluded that upon unfair termination of employment, the available remedies are under Section 49 of the Employment Act.…

…The Act provides several remedies for unlawful or wrongful termination under Section 49, and it is up to the judge to exercise his discretion in determining whether to allow any or all of the remedies provided thereunder.…

…The remedies sought are not justified, and the claim should be dismissed with costs. Determination It is common cause that on 22 March 2024, the respondent terminated the claimant’s employment through verbal notice.…

…Whether the remedies sought should be issued. Section 35(1) (c) of the Act allows the employer to terminate employment upon payment in lieu of notice. However, these provisions must be given context.…

…The learned magistrate erred in fact and law by not awarding the appellant herein all the remedies sought/prayed as against evidence presented before the court.…

…However, there is an NIL award in assessing the remedies upon such finding. There are no reasons for the NIL award.…

…Finally the remedies for breach set out under section 49 are also fairly onerous and generous to the employee.…

…However, such an order will be issued only in exceptional cases where it is clear that this is the only remedy capable of addressing the injustice visited on the employee.…

…Administrative Action Act, the High Court or a subordinate court under section (1) shall not review an administrative action of decision under the Act unless the mechanisms including internal mechanisms for appeal or review and all remedies…

…The prolonged inaction in addressing his case has resulted in unlawful conduct and the remedy of going to the Public Service Board is inadequate to address his climes due to delays.…

…Finally the remedies for breach set out under section 49 are also fairly onerous and generous to the employee.…

…However, such an order will be issued only in exceptional cases where it is clear that this is the only remedy capable of addressing the injustice visited on the employee.…