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Simon Ongati Kombo v SBM Bank (Kenya) Limited & another [2021] KEELRC 1014 (KLR)

[2021] KEELRC 1014 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1014
Citation
[2021] KEELRC 1014 (KLR)
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeEmployment DisputePosturePetition for Declaration and Damages
The summary dismissal of the petitioner was both lawful and fair.

Facts

The petitioner was employed by SBM Bank on January 28, 2019, on a 6-month probation. He was summarily dismissed on July 22, 2019, for gross misconduct. The petitioner absented himself from work for 32 days without permission and provided incorrect account details to a customer.

Issues

  • Whether the petitioner was unlawfully and unfairly summarily dismissed
  • Whether the petitioner's human rights and fundamental freedoms were violated
  • What remedies, if any, the petitioner is entitled to

Reasoning

The Court found that the petitioner did not meet the probationary conditions and absented himself from work without permission. The 1st respondent provided the petitioner with a disciplinary process and notice, and the dismissal was within the probationary period.

Outcome

The petition is dismissed.

Authorities cited

Legislation (2)
  • Employment Act, 2007
  • Constitution of Kenya, 2010
Cases cited (2)
  • Nation Media Group Limited v Onesmus Kilonzo
  • Dismass Jelango and Another v Amicable Travel Services Limited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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