David Namu Kariuki v Institute of Policy Analysis and Research [2019] KEELRC 1856 (KLR)

Summary at a glance

Facts

The claimant, David Namu Kariuki, was employed by the respondent, Institute of Policy Analysis and Research (IPAR), as a Finance and Administration Manager. He was dismissed on December 11, 2009, due to gross misconduct. The claimant filed a suit for various compensatory and consequential damages, while the respondent counterclaimed for PAYE penalties and other financial losses.

Issues

• Why the claimant withheld cheques and made disparaging remarks
• Whether the claimant's actions caused financial loss to the respondent

Reasoning

The court found that the claimant withheld cheques and made disparaging remarks, which led to financial loss to the respondent. The claimant's actions were found to be gross misconduct.

Outcome

Appeal dismissed

Orders

• The respondent to pay the claimant a sum of Kshs. 2,118,268.00 by 01.06.2019
• The respondent to pay the claimant's costs of the suit
• The respondent's counterclaim allowed with set off as already computed in this judgment

Remedies

• Compensatory damages of Kshs. 2,118,268.00
• Costs of the suit

Authorities cited