Manasses Sumbi v Total Kenya [2022] KEELRC 168 (KLR)

Summary at a glance

Facts

The claimant, Manasses Sumbi, was employed by Total Kenya as an Airport Superintendent from November 2007. His salary increased to Kshs.444,384 per month. In September 2015, Total Kenya terminated his employment without justifiable cause.

Issues

• Whether the termination of employment was lawful and fair
• Whether the claimant's counterclaim has merit
• What remedies, if any, the claimant is entitled to

Reasoning

The court found that the termination was based on poor work performance, which lacked substantiation. The employer failed to follow fair procedure and provide the claimant with a fair hearing.

Outcome

Affirmed the original decision

Remedies

• The sum of Kshs.7,998,912/= being salary for each year worked (444,384 x 18) = Kshs.7,998,912/=
• General damages for wrongful termination of employment
• Interests on (a) and (b) above from the date of filing this suit till full payment
• An injunction compelling the Respondent to release the title deed over Athi/River Block 2/3842 and to forgo any interest in that property and release duly completed transfer forms for motor vehicle registration number KBX 774J in favour of the claimant to the claimant
• Costs of the suit and interests

Authorities cited