Kennedy Nyakundi v Powerhive East Africa Limited [2021] KEELRC 555 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 555
- Citation
- [2021] KEELRC 555 (KLR)
Summary at a glance
TypeEmployment DisputePosturePetition for Declaration, Judicial Review, and CompensationCoramKLR Ndolo, Lenaola, Mbaru, Ndolo, Odunga, Ojwang, Rika
Nyakundi was not on probation at the time of termination and his termination was lawful.
Facts
Kennedy Nyakundi was employed by Powerhive East Africa Limited as a Sales and Marketing Manager. His contract of employment commenced on April 30, 2019, with a probation period of six months. The probation was extended by three months on October 14, 2019, and then extended by one month on March 2, 2020. Nyakundi was terminated on March 14, 2020.
Issues
- Whether Nyakundi was still on probation at the time of termination
- Whether his termination was unlawful and whether he is entitled to the reliefs sought
Reasoning
The court found that the probationary period lapsed upon the expiry of the three-month extension, and the subsequent letter extending the probation by one month was not legally binding.
Outcome
The petition is dismissed.
Authorities cited
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