Abel O Obuor v Cargill Kenya Limited [2021] KEELRC 1797 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1797
- Citation
- [2021] KEELRC 1797 (KLR)
- Decided
- 30 April 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureAppeal from original trialCoramByram Ongaya
Holding
The termination was unfair and the claimant is entitled to maximum compensation and a certificate of service.
Facts
Claimant Abel O. Obuor was employed as a fork-lift driver by Cargill Kenya Limited from December 1, 2009 to December 17, 2013. He was terminated on December 17, 2013, and later charged with theft. The claimant denied involvement and was acquitted in a criminal case.
Issues
- Whether the termination was fair
- Whether the claimant is entitled to compensation and other remedies
Reasoning
The Court found that the termination was unjustified and the claimant had a clean record. The criminal proceedings against the claimant were unjustified and amounted to humiliation.
Outcome
Judgment in favor of the claimant
Orders
- Payment of Kshs.348,768.00 (less PAYE) by 01.07.2021
- Reissue and delivery of a certificate of service
- Payment of costs of the suit
Remedies
- Maximum compensation for unfair termination
- Certificate of service
- Payment of costs
Authorities cited
Legislation (2)
- Employment Act, 2007
- Criminal Procedure Code
Cases cited (1)
- Judgment in Criminal Case No. 2712 of 2013
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.
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