Mburu v CIC General Insurance Limited (Cause 53 of 2019) [2023] KEELRC 807 (KLR) (27 March 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 807
- Citation
- [2023] KEELRC 807 (KLR)
- Decided
- 27 March 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSummary Dismissal and Defamation CasePostureAppeal from a summary dismissal decisionCoramM. MBARŨ
Holding
The employment was terminated unfairly and unlawfully, and the claimant is awarded compensation and notice pay.
Facts
The claimant was employed as a Sacco Assurance Officer by CIC General Insurance Limited. A claim was reported to the respondent involving a motor vehicle registration number KBW 349G. The claimant was served with a show cause notice for fraud and was dismissed summarily. The claimant alleged unfair dismissal and defamation.
Issues
- Unfair dismissal under section 45 of the Employment Act
- Defamation claims
- Due process in disciplinary proceedings
Reasoning
The claimant was not given due process and the disciplinary process was unfair. The dismissal was rushed and pre-determined. The claimant was not given the opportunity to see the investigations report.
Outcome
Judgment in favor of the claimant
Orders
- A declaration that employment terminated unfairly
- Compensation of Ksh.120,000
- Notice pay of Ksh.40,000
- A Certificate of Service
- Costs of the suit
Remedies
- Compensation
- Notice pay
- Certificate of Service
Authorities cited
Legislation (1)
- Employment Act, 2007
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.
Loading judgment…