United Millers Limited v Magetto (Appeal E079 of 2024) [2025] KEELRC 1871 (KLR) (27 June 2025) (Judgment)

Summary at a glance

Facts

Jeremiah Magetto, an employee of United Millers Limited, was terminated due to redundancy. The Trial Court found that while other requirements under Section 40[1] of the Employment Act were satisfied, the requirement under Section 40[1][c] on selection criteria was not satisfied.

Issues

• Whether the Trial Court erred in finding that the requirement under Section 40[1][c] on selection criteria was not satisfied.
• Whether the Appellant closed down its operations at Nakuru Refinery where the Respondent worked as a Driver and there was no requirement to apply the selection criteria, under Section 40[1][c] of the Employment Act.

Reasoning

The Court held that the Trial Court did not err in its evaluation of evidence and application of Section 40[1][c] of the Employment Act; there was no evidence presented by the Appellant establishing that its plant was shut down.

Outcome

Appeal Declined

Orders

• The Appeal is declined on the same grounds given by the Court in Appeal No. E076 of 2024 cited above.
• Costs to the Respondent.

Authorities cited