Obaga v G4S Kenya Ltd (Cause 47 of 2020) [2023] KEELRC 1166 (KLR) (12 May 2023) (Judgment)

Summary at a glance

Facts

Claimant was a security guard who was found asleep on duty and a photograph was taken. The respondent dismissed the claimant summarily.

Issues

• Whether the trial magistrate erred in finding the claimant did not prove his case on a balance of probability.
• Whether the respondent followed the mandatory procedure before terminating the claimant's employment.

Reasoning

The court held that the respondent did not prove a valid reason for terminating the claimant's employment and that the procedure followed was flawed.

Outcome

Appeal allowed, judgment of the lower court set aside

Orders

• Judgment delivered via video conference due to COVID-19 restrictions

Remedies

• Judgment and decree of the lower court delivered on January 15, 2019, set aside

Authorities cited