Julius Mark Bwibo v British American Tobacco Kenya Ltd [2021] KEELRC 807 (KLR)

Facts

The Claimant was employed as a Computer Programmer and later promoted to Business Analyst and Senior Business Analyst. He was terminated in 2013 for under-performance in 2011 and 2012, but his performance in his substantive role was satisfactory.

Issues

1. What was the Claimant’s role in his employment?
2. Was the Claimant’s appointment as Project Manager within the scope of his employment or an additional role?
3. Was the performance rating that led to the Claimant’s dismissal done fairly and procedurally?
4. Was the Claimant wrongfully and/or unfairly terminated?
5. Is the Claimant entitled to damages for unfair termination of his employment?
6. Who bears the costs of this suit, inclusive of interest?

Reasoning

The Court found that the termination was not fair as it was based on performance on a specific time-bound project rather than the Claimant's substantive role, which had been satisfactory.

Outcome

The Claimant was awarded compensation of Kshs 5,058,260/- and interest at court rates if not paid within 30 days.