Kithao v Ital Global Limited (Appeal E070 of 2023) [2024] KEELRC 1769 (KLR) (28 June 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1769
- Citation
- [2024] KEELRC 1769 (KLR)
- Decided
- 28 June 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the Judgment of the Honourable N. Ruguru (Ms) (SPM) delivered on 5th May 2023 in the Chief Magistrate’s Court at Nairobi in Employment and Labour Relations Cause No. E420 of 2021
Holding
The termination of the Appellant’s employment was procedurally and substantively unfair.
Facts
PENINAH MUGURE KITHAO was employed by ITAL GLOBAL LIMITED as a Customer Care Agent on 13th November 2020, for a term of 1 year. She was terminated on 12th January 2021.
Issues
- Whether the termination of the Appellant’s employment was unfair.
- If the answer to the first issue is in the affirmative, what reliefs are available to the Appellant?
Reasoning
The Court held that the termination was procedurally unfair due to non-compliance with the mandatory procedural requirements under Section 41 of the Employment Act 2007, and substantively unfair as there was no valid reason for the termination.
Outcome
The appeal was allowed.
Orders
- The Judgment delivered on 5th May 2023 by the Honourable Ruguru N. (Ms) (SPM) be set aside in its entirety.
- This Honourable Court be pleased to determine the suit based on the facts of the case and evidence on record submitted by the Appellant.
- That costs and interest of this Appeal be borne by the Respondents.
Authorities cited
Legislation (1)
- Employment Act 2007
Cases cited (3)
- Selle -vs- Associated Motor Boat Co. [1968] EA 123
- Abdul Hameed Saif vs. Ali Mohamed Sholan [1955] 22 E. A. C. A. 270
- Walter Ogal Anuro –v- Teachers Service Commission (2013) eKLR
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.
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