Mwaura v CIC Insurance Group Ltd (Civil Appeal 548 of 2019) [2026] KECA 250 (KLR) (13 February 2026) (Judgment)
- Court
- Court of Appeal
- Case number
- 250
- Citation
- [2026] KECA 250 (KLR)
- Decided
- 13 February 2026
The appeal is partly allowed, and the appellant is entitled to twelve (12) days unpaid salary for the month of February, 2016. The trial court's finding that the appellant was constructively terminated is reversed.
Facts
The appellant, Peter Mutarura Mwaura, was employed by the respondent, CIC Insurance Group Ltd, as an Assistant Accountant. The respondent placed Imperial Bank under the management of the Kenya Deposit Insurance Corporation due to unsafe and unsound business conditions. The appellant requested information about the exposure level of the bank, which was allegedly mislead by the Investment Manager. The appellant resigned, and the respondent terminated his employment.
Issues
- Whether the appellant was constructively dismissed
- Whether the appellant is entitled to reinstatement and salary arrears
Reasoning
The court found that the appellant's resignation was not forced by the employer and that the trial court misdirected itself in finding constructive dismissal.
Outcome
Partially allowed
Orders
- The appellant is entitled to twelve (12) days unpaid salary for the month of February, 2016
- The trial court's finding that the appellant was constructively terminated is reversed
Remedies
- Unpaid salary for 12 days
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