Daniel Muthoka Muindi v Intex Constructions Co.Ltd [2022] KEELRC 392 (KLR)

Facts

The appellant, Daniel Muthoka Muindi, was arrested and charged with fraud by the National Social Security Fund (NSSF). He was subsequently dismissed by the respondent, Intex Constructions Co. Ltd, without a fair hearing. The appellant claims the dismissal was unlawful and seeks damages.

Issues

1. Whether the learned Principal Magistrate erred in law and facts by failing to appreciate the appellant's evidence
2. Whether the learned Principal Magistrate erred in law and facts by failing to consider the respondent's oral testimony
3. Whether the learned Principal Magistrate erred in law and facts by not finding the respondent's action to terminate the appellant's job as unlawful
4. Whether the learned Principal Magistrate erred in law and facts by not finding the respondent in breach of his employment
5. Whether the learned Principal Magistrate erred in law and facts for not ordering the respondent to pay the appellant damages and costs
6. Whether the learned Principal Magistrate erred in law and facts for not ordering the respondent to compensate the appellant Kshs.15,000 he deposited at the police station
7. Whether the learned Principal Magistrate erred in law and facts for finding the respondent entitled to summary dismissal without a fair hearing or justified offence
8. Whether the learned Trial Magistrate erred in law and facts for admitting the respondent's evidence without any documentary evidence

Reasoning

The court found that the learned Principal Magistrate's decision was supported by evidence and the law, and that the appellant's case was dismissed for justifiable grounds of misconduct.

Outcome

Appeal dismissed

Authorities cited