Ephantus Githui v Kenya Railways Staff Retirement Scheme [2019] KEELRC 2532 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2532
- Citation
- [2019] KEELRC 2532 (KLR)
- Decided
- 18 January 2019
The Court found the termination of the Claimant's employment to be unfair due to the lack of due process and the absence of reasons for termination.
Facts
The Claimant, Ephantus Githui, was employed as a Finance Manager by the Respondent, Kenya Railways Staff Retirement Scheme. He was terminated on February 6, 2012, without being given reasons for the termination. The Claimant filed a lawsuit seeking compensation and other reliefs.
Issues
- Whether the Claimant's employment was unlawfully and unfairly terminated.
- Whether the Claimant has a successful case for Defamation.
Reasoning
The Employment Act requires employers to provide reasons for termination, and the Respondent failed to do so. The Court also noted that the disciplinary procedure was not followed, leading to an unfair termination.
Outcome
The Court dismissed the Respondent's case and ordered the Respondent to pay the Claimant compensation and other relief as per the judgment.
Orders
- The Respondent to pay the Claimant Kshs.12,193,301.60 in compensation and other costs as per the judgment.
Remedies
- Declaration of unfair termination
- Compensation for unlawful termination
- Interest on the sums claimed
- Costs of the case
Authorities cited
Legislation (2)
- Employment Act
- Kenya Railways Staff Retirement Benefits Scheme Regulations
Cases cited (1)
- Mary Chemweno Kiptui v Kenya Pipeline Company Limited (2014) eKLR
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