Paul Katuku Muthengi v SMEP Micro Finance Bank Ltd [2021] KEELRC 929 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 929
- Citation
- [2021] KEELRC 929 (KLR)
- Decided
- 17 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from an original trial decisionCoramAbella, Radido
Holding
The dismissal was procedurally unfair.
Facts
The claimant, Paul Katuku Muthengi, was employed by SMEP Micro Finance Bank Ltd as a sub unit manager from September 16, 2013, to April 28, 2015. He was terminated on account of poor performance.
Issues
- Whether the dismissal was procedurally fair?
- Whether the dismissal was substantially fair?
- What remedies are available?
- Who should bear the costs of this suit?
Reasoning
The court found that the dismissal was procedurally unfair due to the lack of a formal confirmation of employment after the probation period and the absence of an appraisal during the probation period.
Outcome
The claimant's case was upheld.
Remedies
- Compensation for unfair termination in the sum of Kshs.840,000
- A refund of money spent Kshs.8,050
- Certificate of service
- Costs and interest
Authorities cited
Legislation (2)
- Employment Act, 2007
- Section 35 (1) (c)
Cases cited (2)
- Lydia Moraa Obara vs. Tusker Mattresses Limited
- Theewaterskloof Municipality vs. Salga
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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