John Mburu Muturi v Kamahuha Ltd [2019] KEELRC 2052 (KLR)

Summary at a glance

Facts

The claimant, John Mburu Muturi, was employed by Kamahuha Ltd as a loader and later as a cleaner. He was terminated on 13.05.2011 without severance pay. The claimant sought various benefits including terminal benefits, severance pay, and compensation.

Issues

• Date of employment
• Unfair termination
• Other remedies

Reasoning

The Court found the claimant's date of employment to be 01.10.1996. The termination was procedurally unfair as no one-month notice was given. The claimant was awarded 6 months' salary in compensation. The claims for overtime, weekly rest days, and holidays were time-barred.

Outcome

Judgment for the claimant for 6 months' salary in compensation and costs.

Orders

• The respondent to pay the claimant's costs of the suit.
• Payment of Kshs.95, 486.85 by 01.05.2019 failing interest to be payable thereon at court rates from the date of this judgment till full payment.

Remedies

• Compensation for 6 months' salary due to procedural unfairness.
• Costs follow event.

Authorities cited