Kawira v Yetu Sacco Society Limited (Cause E084 of 2024) [2025] KEELRC 1012 (KLR) (28 March 2025) (Judgment)

Summary at a glance

Facts

Doreen Kawira was employed by Yetu Sacco Society Limited. She was initially posted as a teller and later moved to the credit department. She was suspended and later dismissed on 21st November 2023. She claimed unfair dismissal and sought declarations and directives.

Issues

• Was there any legal consequence to the termination of the Claimant's employment by the Respondent on 21st November 2023?
• Depending on the answer in (a), whether the Claimant's termination was unfair and unlawful?
• Whether the Claimant is entitled to the reliefs sought.

Reasoning

The Claimant's resignation letter dated 13th September 2023 was not accepted by the Respondent, and the Respondent's subsequent letter of summary dismissal was not legally valid.

Outcome

The Claimant's termination was declared unlawful, unfair, and wrongful.

Orders

• The Respondent should bear the costs of the suit.
• The Claimant is entitled to a declaration that her termination was unlawful, unfair, and wrongful.

Authorities cited