Consolidated Bank of Kenya Limited v Makathimo (Civil Appeal 114 of 2021) [2025] KECA 356 (KLR) (28 February 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 356
- Citation
- [2025] KECA 356 (KLR)
- Decided
- 28 February 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Employment and Labour Relations Court judgmentCoramS. ole KANTAI, J. LESIIT, ALI – ARONI
Holding
The appeal is allowed, the judgment of the Employment and Labour Relations Court is set aside, and the suit before ELRC is dismissed with costs.
Facts
Respondent Lydia Kaguri Makathimo was employed by the appellant, Consolidated Bank of Kenya Limited, as a clerk. She was later promoted to Customer Service Officer and became a vault custodian. The bank discovered missing cash and alleged misconduct by the respondent.
Issues
- Whether the bank had reasonable grounds to terminate the respondent's employment
- Procedural fairness in the disciplinary process
Reasoning
The court found that the bank did not provide sufficient evidence to justify the termination and that the disciplinary process was procedurally unfair.
Outcome
Appeal allowed, dismissal of the respondent's employment
Orders
- The suit before ELRC is dismissed with costs
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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