Okuku v SGA Mombasa Limited (Appeal E083 of 2022) [2023] KEELRC 1941 (KLR) (1 August 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1941
- Citation
- [2023] KEELRC 1941 (KLR)
- Decided
- 1 August 2023
Summary at a glance
TypeAppealPostureAppeal from a judgment of Senior Principal Magistrate Maureen Lambisa NabibyaCoramM MBARŨ, J
The court held that the appellant was unfairly terminated and should be allowed to continue employment until his 60th birthday.
Facts
The appellant, Kenneth Ouma Okuku, claimed he was unfairly retired by SGA Mombasa Limited in January 2019, despite being born in 1959 and thus eligible to retire at 60 years.
Issues
- Whether the appellant was unfairly retired without an agreed retirement age
- Whether the appellant is entitled to terminal dues and severance pay
Reasoning
The court found that the appellant was not provided with a written contract regarding his retirement age and that the unilateral decision to retire him at 60 years was unfair.
Outcome
Affirmed the judgment of the trial court and ordered the appellant to continue employment until his 60th birthday.
Orders
- Affirmed the judgment of the trial court
- Ordered the appellant to continue employment until his 60th birthday
Remedies
- Continued employment until 60th birthday
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…