Kenya Plantation & Agricultural Workers Union v Delmonte Kenya Limited (Cause E020 of 2022) [2023] KEELRC 284 (KLR) (2 February 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 284
- Citation
- [2023] KEELRC 284 (KLR)
- Decided
- 2 February 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from an original trial decisionCoramONESMUS N MAKAU
Holding
The court finds that the reason for dismissal was valid and fair, and the procedure followed was fair. The claimant is not entitled to the reliefs sought and the suit is dismissed with costs.
Facts
John Munyua Ngugi was dismissed by Delmonte Kenya Limited on April 3, 2019, for soliciting and receiving a bribe of Kshs 240,000 to secure a tender for porridge supply.
Issues
- Whether the reason for termination was valid and fair.
- Whether the procedure followed was fair.
- Whether the reliefs sought are merited.
Reasoning
The arrest and subsequent investigation raised reasonable suspicion of fraud, and the conduct was incompatible with work ethics. The claimant was dismissed after a fair procedure.
Outcome
Dismissal with costs
Authorities cited
Legislation (2)
- Employment Act
- Collective Bargaining Agreement
Cases cited (1)
- Kennedy Maina Mirera v Barclays Bank of Kenya Ltd (2018) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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