Ratemo v Seventh Day Adventist Church Central Rift Valley Conference (Employment and Labour Relations Cause E012 of 2024) [2025] KEELRC 1771 (KLR) (18 June 2025) (Judgment)

Summary at a glance

Facts

The Claimant, Jescah Gesare Ratemo, was initially employed by the Respondent, Seventh Day Adventist Church Central Rift Valley Conference, on a contractual basis starting from 2014. She was later confirmed as a Conference Accountant on a permanent and pensionable basis on November 23, 2016. She was promoted to Conference Internal Auditor in January 2019 and was earning a monthly salary of Kshs.96,452.83. She claimed unfair termination due to a romantic relationship with a man not her lawful husband.

Issues

• Whether the claim is merited
• Procedural fairness in termination

Reasoning

The court held that the employer failed to provide substantial justifications for the termination and did not follow the procedural requirements of the Employment Act.

Outcome

The claimant is awarded one month's salary in lieu of notice, compensation for unfair termination equivalent to 8 months' salary, interest at court rates, and costs.

Orders

• One month's salary in lieu of notice - Kshs.96,541/2
• Compensation for unfair termination equivalent to 8 months' salary - Kshs.771,662/64
• Interest at court rates at 14% per annum from date of judgment till full payment
• Costs awarded to the Claimant

Authorities cited