Mwandikwa v Kenya Civil Aviation Authority & another (Employment and Labour Relations Cause 813 of 2015) [2023] KEELRC 2970 (KLR) (31 October 2023) (Judgment)

Summary at a glance

Facts

The Claimant, Anthony Mutia Mwandikwa, was employed by the Kenya Civil Aviation Authority (Respondent) as Chief Public Relations Officer. After a decade of service, his employment was terminated on April 16, 2015. The Claimant sued the Respondent for unfair and unlawful termination.

Issues

• Whether the termination was unfair and unlawful
• Whether the Claimant is entitled to the reliefs sought

Reasoning

The Court held that the Respondent failed to comply with the disciplinary procedure, did not provide a Performance Improvement Plan, and did not hold discussions with the Claimant regarding his underperformance.

Outcome

The Court found in favor of the Claimant.

Orders

• The Respondent is ordered to reinstate the Claimant to his employment and former position with the 1st Respondent without loss of benefits and seniority
• The Respondent is ordered to fully compensate the Claimant for the wrongful termination of employment services
• The Claimant is awarded general damages
• The Claimant is awarded costs of the claim and interest on the awarded damages

Remedies

• Reinstatement
• Compensation
• General Damages
• Costs of the Claim and Interest

Authorities cited