SGA Security Solutions Limited v Mugenya (Appeal E126 of 2023) [2024] KEELRC 13214 (KLR) (22 November 2024) (Judgment)

Summary at a glance

Facts

The Respondent, Kelvin Odhiambo Mugenya, was employed by the Appellant, SGA Security Solutions Limited, as a driver on permanent basis. He was dismissed on 11th December, 2020, without notice, and without a fair hearing. The Respondent claimed unfair dismissal, unpaid salary, house allowance, leave days, overtime, and service pay.

Issues

• Whether the dismissal was unfair and wrongful
• Whether the Respondent was entitled to unpaid salary, house allowance, leave days, overtime, and service pay

Reasoning

The court found that the Respondent was dismissed without a fair hearing and without following due procedure, thus the dismissal was unfair and wrongful.

Outcome

In favor of the Respondent

Orders

• The Appellant is ordered to pay the Respondent compensation for unfair termination of employment in the amount of Kshs.222,658.52
• The Appellant is ordered to pay the Respondent one month salary in lieu of notice in the amount of Kshs.31,808.36
• The awarded sum shall be subject to statutory deductions pursuant to Section 49(2) of the Employment Act
• The Respondent is awarded interest on the awarded sum, to be calculated at court rates from the date of the trial Court’s Judgment
• Each party will bear its own costs of the appeal, but the Respondent is awarded costs of the primary suit and the Appellant’s Counter-claim which I have dismissed

Remedies

• Compensation for unfair termination of employment
• One month salary in lieu of notice

Authorities cited