Manyonyi v African Medical and Research Foundation (Civil Appeal 330 of 2019) [2026] KECA 101 (KLR) (23 January 2026) (Judgment)
- Court
- Court of Appeal
- Case number
- 101
- Citation
- [2026] KECA 101 (KLR)
- Decided
- 23 January 2026
The termination was unlawful due to the employer's breach of the procedure set out in clause 8.3.2 of the Employment Act. The judgment is set aside, and the appellant is awarded two (2) months gross salary less statutory deductions.
Facts
The appellant, Dr. Kennedy Amuhaya Manyonyi, was terminated from his position as Chief of Party with the respondent's Aphia Plus Marisha project on July 1, 2013. He had previously received positive appraisals from his supervisor and the County Director. However, serious allegations were made about his performance, leading to a series of meetings and a revised contract.
Issues
- Whether the termination was lawful
- Whether the employer breached the procedure set out in clause 8.3.2 of the Employment Act
Reasoning
The court found that the employer acted in haste when it abridged the procedure set out in clause 8.3.2, leading to an unlawful termination. The appellant contributed to his circumstances by failing to improve his performance despite opportunities and support.
Outcome
Partial success in the appeal, with the judgment of the Employment and Labour Relations Court set aside.
Orders
- The termination of the appellant is declared unlawful.
- The appellant is awarded two (2) months gross salary less statutory deductions.
Remedies
- Interest on the amount at court rates from the date of the judgment by the trial court (2nd November 2018)
Authorities cited
Legislation (1)
- Employment Act, 2007
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