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Kariuki v Trustees of Premier Academy Charitable Trust t/a Premier Academy (Cause 1420 of 2016) [2025] KEELRC 144 (KLR) (30 January 2025) (Judgment)

[2025] KEELRC 144 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
144
Citation
[2025] KEELRC 144 (KLR)
Decided
30 January 2025
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeUnlawful Termination of EmploymentPostureAppeal from the original trialCoramLINNET NDOLO
The termination of the Claimant's employment was lawful and fair.

Facts

The Claimant, Joyce Gathoni Kariuki, was employed as Human Resources Manager by Premier Academy. She was terminated by letter dated 4th December 2015 for allegedly transferring loyalty points (bonga points) from the school's mobile phone to her own.

Issues

  • Whether the termination of the Claimant's employment was lawful and fair
  • Whether the Claimant is entitled to the remedies sought

Reasoning

The Court applied the 'reasonable responses test' under Section 43 of the Employment Act, finding that the employer's belief in the Claimant's misconduct was reasonable.

Outcome

The Claimant's claim fails and is dismissed.

Orders

  • Each party will bear their own costs.

Authorities cited

Legislation (1)
  • Employment Act, 2007
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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