Ndolo v Umma University (Appeal E097 of 2022) [2024] KEELRC 1393 (KLR) (13 June 2024) (Judgment)

Summary at a glance

Facts

The Appellant, Francis Wambua Ndolo, was employed by Umma University as a security guard. The Respondent terminated his employment on the grounds of alleged redundancy. The Appellant claimed unlawful termination and sought various awards including severance pay, notice pay, and other terminal benefits.

Issues

• Whether the termination of employment was lawful based on redundancy
• Whether the Respondent followed the legal procedures for redundancy
• Whether the Appellant was entitled to various terminal benefits

Reasoning

The Court found that the termination was based on a lawful redundancy process and that the Appellant was not entitled to additional terminal benefits as he did not provide evidence for them.

Outcome

Appeal dismissed

Orders

• The Judgment of the Hon. Mrs. Gicheha Chief Magistrate is set aside
• The Appellant is awarded Kshs. 32,512.50 for severance pay
• No costs are awarded

Remedies

• Severance pay of Kshs. 32,512.50

Authorities cited