Wanyonyi v E-Momentum Interactive Systems (Employment and Labour Relations Cause 2459 of 2017) [2023] KEELRC 1824 (KLR) (26 July 2023) (Judgment)

Summary at a glance

Facts

Claimant was employed as a marketing executive by respondent from September 23, 2013, on a gross salary of Kshs 40,000/- per month. He was put on a 3-month probation. Claimant was terminated without valid reason and unprocedurally, and his NSSF deductions were not remitted.

Issues

• Whether claimant was unlawfully and un procedurally terminated.
• Whether claimant deserves the prayers in his claim.

Reasoning

The respondent failed to demonstrate a valid reason for terminating the claimant's employment and did not put him through a disciplinary process. The court found the termination to be unfair.

Outcome

Judgment in favor of the claimant.

Orders

• Reinstatement not allowed.
• Leave due and not taken no specifics and so is disallowed.
• One month salary in lieu of notice Ksh 40,000/-.
• Refund of statutory deductions not remitted and as there are no specifics the same is disallowed.
• Compensating for unlawful termination @ 3 months x 40,000 = 120,000.
• Total award is kshs 160,000/- plus interest at court rates form date of judgment till full payment.
• Costs follow event and so claimant is awarded costs.

Remedies

• One month salary in lieu of notice Ksh 40,000/-.
• Compensating for unlawful termination @ 3 months x 40,000 = 120,000.
• Total award is kshs 160,000/- plus interest at court rates form date of judgment till full payment.

Authorities cited