Mutua v Mars Security Guards Limited (Employment and Labour Relations Appeal E067 of 2024) [2025] KEELRC 1832 (KLR) (20 June 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1832
- Citation
- [2025] KEELRC 1832 (KLR)
- Decided
- 20 June 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment and decree of the Honourable L. Ambasi (CM)CoramJW KELI
Holding
The court held that the termination was not fair and the appellant was entitled to the prayers sought.
Facts
The appellant, Kimanzi Mutua, resigned from his position at Mars Security Guards Limited on 14th March 2022, citing frustration over not being recalled to work after leave. The respondent, Mars Security Guards Limited, terminated his employment on the grounds of absconding.
Issues
- Whether the trial court erred in law and fact by holding that the appellant absconded from work followed by a resignation letter.
- Whether the appellant is entitled to the prayers sought.
- Who bears the costs of the suit.
Reasoning
The court found that the employer did not take steps to reach the appellant to return to work, contrary to the Employment Act's requirement to keep employee records and notify the employee of termination for absconding.
Outcome
The appeal was allowed, and the decision of the learned Magistrate was set aside.
Orders
- The court awards the appellant Kshs. 5,000/= for uniform charges.
- The court awards the appellant Kshs. 9,445.15/= for unpaid salary arrears.
- The court awards the appellant Kshs. 20,500/= for one month pay in lieu of notice.
- The court awards the appellant Kshs. 246,000/= for wrongful termination.
- The court awards the appellant Kshs. 84,387.24/= for accumulated severance pay.
- The court awards the appellant Kshs. 362,195.39/= for unpaid overtime worked.
- The court awards the appellant Kshs. 108,147.60/= for unpaid public holidays worked.
- The court awards the appellant Kshs. 353,937.60/= for unpaid rest days worked.
Authorities cited
Legislation (1)
- Employment Act
Cases cited (2)
- Selle v Associated Motor Boat Co. [1968] EA 123
- Mbogo V Shah [1968] EA
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…