Mwau v I & M Bank Kenya Ltd (Employment and Labour Relations Cause E321 of 2020) [2025] KEELRC 1933 (KLR) (30 June 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1933
- Citation
- [2025] KEELRC 1933 (KLR)
- Decided
- 30 June 2025
Summary at a glance
TypeEmployment and Labour RelationsPostureAppeal from original trialCoramMN NDUMA
The court finds that the termination of employment was unlawful and unfair, and the Claimant is entitled to compensation equivalent to eight (8) months' salary and gratuity for six years served.
Facts
The Claimant, Joseph Mulela Mwau, was employed by I & M Bank Kenya Ltd as an officer trainee. He was terminated by the bank on August 31, 2019, for allegedly verifying fraudulent entries in the core banking system.
Issues
- Whether the Respondent had valid reason(s) to terminate employment of the Claimant following a fair procedure.
- Whether the Claimant is entitled to the reliefs sought
Reasoning
The court determined that the Respondent did not follow a fair procedure in terminating the Claimant's employment, and the evidence showed that the Claimant was not provided with relevant documentation at the time of the disciplinary hearing.
Outcome
In favor of the Claimant
Orders
- An award of compensation equivalent to eight (8) months' salary in the sum of Kshs. 320,000.00.
- Gratuity for the six years served in the sum of Kshs. 240,000.00.
- Interest at court rates from date of judgment till payment in full.
- Costs of the suit
Authorities cited
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