Mburu v Gillys Security Investigations Services Ltd (Cause 779 of 2018) [2024] KEELRC 1348 (KLR) (6 June 2024) (Judgment)

Summary at a glance

Facts

Claimant Andrew Mungai Mburu claimed constructive dismissal and various employment-related claims against Respondent Gillys Security Investigations Services Ltd, alleging underpayment, lack of house allowance, and unfair dismissal.

Issues

• Whether the claim is time-barred
• Whether the claimant was unfairly and constructively dismissed
• Whether the claimant is entitled to the reliefs sought
• Who bears the cost of the suit

Reasoning

The court ruled that the claim is not time-barred and the claimant is entitled to underpayment for the period 2015 to 2016. The court also ordered the respondent to file a statement of employment within 21 days and awarded costs and interest.

Outcome

In favor of the claimant

Orders

• Respondent to file a statement of employment within 21 days
• Underpayment of Kshs. 78,875.30 awarded
• Costs limited to the sum in (b) above
• Interest at court rates on the sum in (b) above from date of judgment till payment in full
• Certificate of service awarded

Remedies

• Underpayment of Kshs. 78,875.30
• Costs limited to the sum in (b) above
• Interest at court rates on the sum in (b) above from date of judgment till payment in full
• Certificate of service awarded

Authorities cited