SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Terry Wijenje v Directline Assurance Company Limited & 6 others [2020] KEELRC 877 (KLR)

[2020] KEELRC 877 (KLR) Employment & Labour Relations Court
Read PDF
Court
Employment & Labour Relations Court
Case number
877
Citation
[2020] KEELRC 877 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureInterlocutory Application for Stay and InjunctionCoramHON. LADY JUSTICE HELLEN WASILWA
Holding

The Court declines to grant any orders in the application and orders that the Applicant proceeds with the Main Claim or chooses to execute the orders issued to her at the Appeals Tribunal.

Facts

The Claimant, Terry Wijenje, was appointed as the Principal/Chief Executive Officer and Managing Director of the 1st Respondent, Directline Assurance Company Limited. She was later revoked from her position by the Insurance Regulatory Authority due to allegations of filing false company returns. The Insurance Appeals Tribunal issued orders staying the regulator's decision, but the 1st Respondent terminated her services. The 6th and 7th Respondents were appointed in her place.

Issues

  1. Whether the Claimant's appointment was validly revoked by the Insurance Regulatory Authority.
  2. Whether the 1st Respondent's termination of the Claimant's services was wrongful.
  3. Whether the Claimant is entitled to reinstatement and compensation.

Reasoning

The Court finds that the Claimant's appointment was validly revoked by the Insurance Appeals Tribunal, and the 1st Respondent's termination of her services was not wrongful. The Court also finds that the Claimant has not explained why she has not executed the orders issued to her at the Appeals Tribunal.

Outcome

The application is dismissed.

Remedies

  • Reinstatement to the position of Principal/Chief Executive Officer and Managing Director of the 1st Respondent company without any loss of benefits and with all prior rights, access and approvals incidental to the position, in compliance with the orders from the Insurance Appeals Tribunal.
  • Payment of all withheld dues and salaries from December 2019 and an order for stay of recovery of outstanding loans including any penalties and interest she owes the 1st Respondent Company save for the deduction from her salary as contractually agreed, upon her reinstatement.

Authorities cited

Legislation (2)
  • Insurance Act
  • Employment Act
Cases cited (2)
  • Johnson Otieno Adera vs. Anti-Counterfeit Agency & 3 Others [2015] eKLR
  • Joseph Matuu Mutinda vs. Government of Makueni County & Another [2017] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case