Bett v East Africa Portland Cement Company (Cause 1562 of 2014) [2023] KEELRC 1358 (KLR) (2 June 2023) (Judgment)

Facts

The claimant, Alexander Bett, was employed as a stores clerk by the respondent, East Africa Portland Cement Company. He was dismissed on April 12, 2013, for allegedly failing to account for 954 bags of cement and a float of Kshs 40,000. The claimant reported a theft incident to Meru Police Station, but the respondent conducted investigations and found no evidence of theft.

Issues

1. Whether the respondent had a fair and valid reason to terminate the employment of the claimant?
2. Was the claimant accorded procedural fairness prior to being terminated from employment?
3. Is the claimant entitled to the reliefs sought?

Reasoning

The court found that the respondent did not provide a valid reason for the claimant's dismissal and did not accord him procedural fairness. The claimant's version of events was not corroborated by the respondent's evidence.

Outcome

Dismissal of the claim with costs

Authorities cited