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Mwau v I & M Bank Kenya Ltd (Employment and Labour Relations Cause E321 of 2020) [2025] KEELRC 1933 (KLR) (30 June 2025) (Judgment)

[2025] KEELRC 1933 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1933
Citation
[2025] KEELRC 1933 (KLR)
Decided
30 June 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

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

Legislation (1)
  • Employment Act, 2007
Cases cited (2)
  • Walter Ogal Anuro v Teachers Service Commission (2013) e KLR
  • Kenya Union of Sugarcane Plantation and Allied Workers versus others (Appeal E005 of 2023)
⚠ 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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