Kwale International Sugar Company Ltd v Mbaya (Civil Appeal E059 of 2022) [2024] KECA 795 (KLR) (12 July 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 795
- Citation
- [2024] KECA 795 (KLR)
- Decided
- 12 July 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of the Employment and Labour Relations CourtCoramSG Kairu, AK Murgor, KI Laibuta
Holding
The appeal is partially successful, with the order for 1 month's salary in lieu of notice upheld. The award of 10 months' compensation is set aside and substituted for 2 months' compensation.
Facts
The respondent, Stephen Kenga Mbaya, was employed by the appellant, Kwale International Sugar Company Ltd, as a transport coordinator. The contract was for a two-year fixed term with a six-month probation period. The respondent was terminated on August 17, 2016, and claimed compensation and back pay.
Issues
- Termination of probationary contract
- Compensation for unlawful and unfair termination
- Proportionality of compensation awarded
Reasoning
The court found the termination to be unfair but considered the award of 10 months' compensation excessive given the short contract period.
Outcome
Appeal partially successful
Orders
- Order for 1 month's salary in lieu of notice upheld
- Award of 10 months' compensation set aside and substituted for 2 months' compensation
Remedies
- Appellant to pay respondent's costs of the appeal
Authorities cited
Legislation (1)
- Employment Act
Cases cited (1)
- Ol Pejeta Ranching Limited vs. David Wanjau Muhoro (2017) eKLR
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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