Ouru v Eveready Security Guards Co. Ltd (Appeal 38 of 2020) [2023] KEELRC 3049 (KLR) (29 November 2023) (Judgment)

Summary at a glance

Facts

The Claimant, Ouru Vincent Ouru, sued the Respondent, Eveready Security Guards Co. Ltd, for unlawful termination of employment. The Respondent claimed the Claimant was not a diligent employee and had several warning letters. The Claimant alleged his employment was terminated by the General Manager, Mr. Machira, on 6th June, 2019.

Issues

• Whether the learned trial Magistrate failed to analyse the evidence on record
• Whether the learned trial Magistrate failed to consider that there was no evidence that the Claimant was invited for a disciplinary hearing

Reasoning

The court found the Claimant less than truthful regarding the circumstances in which his employment was allegedly terminated. The court was unpersuaded that the learned trial Magistrate failed to analyse the evidence.

Outcome

Appeal dismissed

Orders

• The learned trial Magistrate’s decision to dismiss the claim in totality is upheld.

Authorities cited