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…Damages for unfair dismissal, equivalent of twelve [12] months gross salary, the sum, KShs. 117, 504.…

…The Appellant submitted that the Respondent in any event the court finds he was unfairly terminated he is entitled to Kshs 384,000/- as damages for wrongful termination. 13.…

…On the third issue of reliefs sought, proved and granted the Respondent submitted that since he was submitted to unfair and unprocedural process it goes that his termination was wrongful and hence he was entitled to damages…

…He suffered loss and damage since he had legitimate expectations to work in his position until retirement and thus claims an order of reinstatement and, in the alternative, compensation, general damages, plus aggravated and…

…exemplary damages.…

…Compensation or damages? 32. The Court notes that the Petitioner did not plead a relief for compensation or damages. 33. The Court has been given the power by the Constitution to fashion an appropriate relief.…

…The Court would award damages of Kshs 1,500,000/-. 36.…

…ordered to release the Claimant’s withheld or stopped salaries for the months of May, June, July and August 2022; A declaratory order that the claimant is deemed as constructively dismissed by the Respondent; An award of damages…

…The said damages are also not part of the reliefs provided under section 49 of the Employment Act, 2007. That the Claimant has not proved that he was constructively dismissed by the Respondent.…

…The learned magistrate erred in law and misdirected herself in awarding the claimant general damages of Ksh.200,000 plus costs and interests.…

…The award of Ksh.200, 000 in general damages for unfair termination of employment is not based on any principles of law.…

…This Court is satisfied that the Respondent’s conduct was an affront to the Claimant’s legitimate expectation that the contract would be renewed and that the Claimant is entitled to remedy in damages. Discrimination 34.…

…The Court is of the view that damages equivalent to the Claimant’s 10 months’ gross wages at the point of separation would be appropriate (gross wages was Kshs 319,672/-). Conclusion and Orders 42.…

…(iv) Claim of compensatory damages. 2. The Claimant sought the following reliefs: (a) A declaration that the Claimant be placed in the correct job group as per the provisions of Career Progression Guidelines.…

…(vii) Compensatory loss and damages Kshs 1,500,000/-. 3.…

…Damages for discrimination g. Costs and interests. 5. The Respondent entered appearance and filed a response to the Statement of Claim on 22nd February 2016 through the firm of Gicheru & Company Advocates.…

…dues comprising pay in lieu of notice, payment of 4 years unpaid leave, Weekly rest days at 51 days every year for 15 years, Public holidays pay at 10 days annually for 15 years,12 months salary as compensation payment and damages…

…III) THAT award of damages of a sum of Kshs. 300,000.00 being a 12 months salary as compensation for unlawful termination to the Claimant be and is hereby set aside.…

…IV) THAT award of damages of a sum of Kshs. 449,280.00 as compensation for overtime worked be and is hereby set aside. V) THAT the award of costs to the Claimant be and is hereby set aside.…

…herein is an abuse of the Court process for reason that the Applicant had failed to establish a prima facie case with a probability of success, or that he will suffer irreparable injury that cannot be compensated by way of damages…

…Cassman Brown, by first establishing a prima facie case with a probability of success; and secondly by showing that damages would not be an adequate remedy for the alleged wrong, and finally by demonstrating that the balance…

…The learned Magistrate erred in making award to the Claimant for salary in lieu of notice, damages for unfair termination, house allowance and salary underpayments. 21.…

…Damages for wrongful and unfair termination 37. The Respondent’s termination has been found to be unfair on account of the Appellant’s failure to issue notice of non-renewal of contract.…

…judgment relates to an appeal from a Judgment rendered on 11th April, 2022, where the Trial Court found in favour of the Respondent and awarded a sum of Kshs. 150,000/-, comprising of one-month salary in lieu of notice, damages…

…In our own evaluation of the matter, we find the award of 12 months was excessive and substitute thereto with damages equivalent to 3 months' salary." 31.…

…Sum of Kshs. 800,000 being coalesced exemplary and aggravated damages for unfair and /or wrongful dismissal under section 49(c). g. Sum of Kshs. 731,808 being underpayment for period.…

…Sum of Kshs. 800,000 being coalesced exemplary and aggravated damages for unfair and /or wrongful dismissal under section 49(c). g. Sum of Kshs. 731,808 being underpayment for period.…

…The Claimant further seeks general and exemplary damages, citing the case of Gichuru v Package Insurance Brokers Ltd (Petition 36 of 2019) [2021] KESC 12 (KLR) where the Supreme Court held: According to section 5(7) of the…

…The court finds the claimant was unfairly treated and discriminated against by the respondent based on his ethnicity, and on these findings, he is entitled to general damages of Kshs. 2,000,000 for discriminatory treatment…

…The learned Principal Magistrate erred in law and facts in failing to take into account all the relevant factors in awarding compensatory damages and thereby awarding compensatory damages which were excessive, disproportionate…

…The claimant is awarded six months' worth of damages amounting to Kshs. 179,950 c. The claimant is awarded a house allowance at Kshs. 593,010. d.…

…one month salary in lieu of notice. d) An order for the Respondent to pay the Claimant pending allowances and per diems in the sum of Kenya shillings nine hundred and forty nine thousand (Kshs 949,000/-). e) An order for damages…

…Claim for Damages 51. The Claimant is no doubt entitled to an award of damages his termination having been found unlawful and unfair. 52.…

…Damages for unlawful and unfair termination of employment equivalent to 12 months salary. c. Damages for the period remaining in his contract in the sum of Kshs 660,000/= d. Leave pay Kshs 440,000/= e.…

…On the issue of damages he was entitled to, the Claimant submitted that he was entitled to damages for unfair termination under section 49 of the Employment Act and relied on the above cited case of Kenya Plantation and Agricultural…

…Under the claim, the Claimant seeks orders for issuance of a Certificate of Service, damages for unlawful termination in the sum of Kshs 4,959,042.79/=, costs of the suit and interests thereon. 2.…

…The Claimant urges this Court to award him damages as prayed in the Statement of claim in line with the provisions of Section 49 (1)(c) of the Employment Act.…