Ezekiel Mburu Kangethe & 2 others v Mugoiri Five Farmers Co-operative Society Limited [2017] KEELRC 358 (KLR)

Summary at a glance

Facts

The claimants were night guards at the respondent's factory. They were terminated for alleged theft of coffee, but no evidence was provided. The claimants argued their termination was unfair and sought compensation and terminal benefits.

Issues

• Fair dismissal of night guards
• Termination of employment for alleged theft
• Compensation for involuntary loss of employment
• Terminal benefits and dues

Reasoning

The court found the reason for termination not valid and unfair, and awarded compensation and terminal benefits. The 3rd claimant's case was dismissed due to a previous judgment.

Outcome

Judgment for the claimants, with the respondent ordered to pay compensation and terminal benefits.

Orders

• The respondent to pay the 1st claimant Kshs. 385, 390.00; and the 2nd claimant Kshs. 355, 115.00 by 01.02.2018, failing interest to be payable thereon at court rates from today till full payment.
• The 3rd claimant's suit is hereby dismissed with no orders as to costs.
• The respondent to pay the 1st and 2nd claimant’s costs of the suit.

Remedies

• Compensation for 12 months' salary and terminal dues for the 1st and 2nd claimants.
• Dismissal of the 3rd claimant's case with no costs awarded.

Authorities cited