Ochieng v NCBA Bank Kenya PLC (Cause E630 of 2022) [2024] KEELRC 1823 (KLR) (12 July 2024) (Judgment)

Summary at a glance

Facts

The Claimant, Joseph Mkwanhah Ochieng, was employed by NIC Bank Kenya from January 2013. The bank merged with Commercial Bank of Africa (CBA) in September 2019, forming NCBA Bank Kenya. The Claimant was offered employment by the new bank but rejected it, citing his expectations and the increased responsibilities that came with the merger.

Issues

• Whether the Claimant was terminated from employment
• If terminated, was the termination fair and lawful
• Whether there is a case of discrimination and harassment
• Is the Claimant entitled to the reliefs sought

Reasoning

The Court ruled that the Claimant rejected the new terms of employment offered by the Respondent, and thus, his employment was terminated by his own conduct. The Claimant's claim for unfair/unlawful termination was dismissed.

Outcome

The Claimant's claim was dismissed.

Orders

• Accrued leave is awarded to the Claimant in the amount of Kshs. 91,870.80.
• Each party bears their own costs.

Authorities cited