Michira & another v Hariom Hardware (K) Ltd (Cause 18 & 19 of 2018 (Consolidated)) [2024] KEELRC 2745 (KLR) (7 November 2024) (Judgment)

Facts

Two employees, Simon Wanjala Muchika and Daniel Bob Kaunya, filed separate suits against Hariom Hardware (K) Ltd alleging unfair termination of their employment. The 2nd Claimant, Daniel Bob Kaunya, claimed he was an employee of Ndasalira Suppliers Agency, while the 1st Claimant, Simon Wanjala Muchika, claimed he was an employee of Hariom Hardware (K) Ltd.

Issues

1. Whether the 2nd Respondent was an employee of the Respondent
2. Whether the termination of the employment of the Claimants was fair
3. Whether the Claimants are entitled to the prayers sought

Reasoning

The Respondent's evidence regarding the 1st Claimant's termination was inconsistent and did not align with the Employment Act. The court found the 1st Claimant's account more credible.

Outcome

The 2nd Claimant's case dismissed, 1st Claimant's employment terminated unfairly.

Authorities cited