Mobile Link (K) Limited v Tabitha Masege [2017] KECA 155 (KLR)
- Court
- Court of Appeal
- Case number
- 155
- Citation
- [2017] KECA 155 (KLR)
- Decided
- 1 December 2017
The respondent is awarded unpaid salary, NSSF deductions, and one month's salary in lieu of notice. The appellant is awarded Kshs. 441,510.50 for the unaccounted capital. The appellant's counter-claim against the respondent succeeds.
Facts
The respondent, Tabitha Masege, was employed as a cashier by Mobile ya Wananchi (K) Ltd in 2000. The company later changed its name to Mobile Link (K) Limited. She rose to become the manager of the Mombasa branch. In November 2009, she was entrusted with Kshs.1,421,425 for the branch. An audit in August 2010 revealed an unaccounted amount of Kshs.441,510.50. The appellant demanded an explanation.
Issues
- fairness of termination
- unpaid salary and deductions
- unaccounted capital
Reasoning
The court re-evaluated the evidence and found the respondent's termination unfair. The unaccounted capital was awarded to the appellant.
Outcome
Appeal dismissed
Orders
- award of unpaid salary
- award of NSSF deductions
- award of one month's salary in lieu of notice
- award of Kshs. 441,510.50 to the appellant
Remedies
- unpaid salary
- NSSF deductions
- salary in lieu of notice
- unaccounted capital
Authorities cited
Legislation (1)
- Employment Act
Cases cited (1)
- Kenya Ports Authority vs. Kuston (Kenya) Limited
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