Samuel Majuma Mirera v Bobmil Industries & another [2022] KEELRC 661 (KLR)

Summary at a glance

Facts

The Claimant, Samuel Majuma Mirera, was an employee of Bobmil Industries and Danree Multihandling Services Limited. He was suspended for sleeping on duty and later terminated without procedural fairness. He claimed unlawful termination and other damages.

Issues

• Was the Claimant lawfully terminated?
• Is he entitled to the reliefs prayed?

Reasoning

The court held that the termination was unlawful due to lack of procedural fairness and adherence to fair labour practices. The court awarded compensation for unlawful termination.

Outcome

Judgment in favor of the Claimant

Orders

• Payment for accrued leave, one month salary in lieu of notice, compensation for unlawful termination, and NSSF deductions awarded.
• Costs awarded to the Claimant.
• Certificate of service to be issued within 30 days from date of judgment.

Remedies

• Payment for accrued leave, one month salary in lieu of notice, compensation for unlawful termination, and NSSF deductions awarded.
• Costs awarded to the Claimant.
• Certificate of service to be issued within 30 days from date of judgment.

Authorities cited