Kimanzi v United Paints Limited (Cause 990 of 2018) [2023] KEELRC 871 (KLR) (14 April 2023) (Judgment)

Summary at a glance

Facts

The claimant, Joseph Kimanzi, was terminated by the respondent, United Paints Limited, on February 13, 2018, following an altercation with the respondent's driver, Mr. Wilson Thuku. The claimant alleged he was verbally and physically assaulted, while the respondent claimed he assaulted Mr. Thuku.

Issues

• Whether the termination of the claimant's employment was substantively fair
• Whether the claimant's termination was in line with the requirements of a fair process
• Whether the claimant is entitled to the reliefs sought

Reasoning

The court determined that the claimant's termination was not substantively fair due to the lack of concrete evidence to corroborate the claimant's version of events, and the respondent did not follow the required fair process.

Outcome

The court dismissed the claimant's case with costs.

Orders

• The respondent shall issue the claimant with a certificate of service within 30 days from the date of this judgment.
• The claimant shall have the costs of the suit.