Robert Githua Githaka v SAAB Kenya Limited [2018] KEELRC 1836 (KLR)

Facts

The Claimant, Robert Githua Githaka, was dismissed from his employment with the Respondent, SAAB Kenya Limited, on September 16, 2016. The Claimant alleged that the dismissal was premature, unlawful, and unfair, and sought various remedies including a declaration, compensation, and reinstatement.

Issues

1. Whether the retirement of the Claimant was agreed or implied to be at 60 years
2. Whether the Respondent is estopped from reneging from the position in i) above
3. Whether the retirement notice dated 16th September 2016 was unlawful, unfair and premature
4. Whether the Claimant is entitled to relief sought and who is to bear the costs of the suit

Reasoning

The court found that the Respondent acted unfairly and did not provide adequate notice or counselling, leading to an unfair retirement process. The court declined to award the full amount sought by the Claimant but ordered 6 months salary as compensation.

Outcome

The court entered judgment for the Claimant against the Respondent for Kshs. 355,626 and costs of the suit.

Authorities cited