Ochieng v Consolidated Bank of Kenya (Employment and Labour Relations Cause E170 of 2025) [2025] KEELRC 2128 (KLR) (21 July 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2128
- Citation
- [2025] KEELRC 2128 (KLR)
- Decided
- 21 July 2025
Summary at a glance
TypeEmployment DisputePostureAppeal from an original trial decisionCoramBOM MANANI
The court upholds the Respondent's decision to terminate the Claimant's employment and applies the commercial interest rate of 18.5% on his loan facilities.
Facts
The Claimant, Festus Wanyonyi Ochieng, was employed by the Respondent, Consolidated Bank of Kenya. The Respondent terminated his employment in October 2024, and the Claimant subsequently filed a lawsuit challenging the termination and seeking various reliefs.
Issues
- Validity of the Respondent's decision to terminate the Claimant's employment
- Interest rate on loan facilities
Reasoning
The court adheres to the principle that a court cannot rewrite contracts between parties. The termination of employment is a condition precedent for the migration of loan interest rates from statutory to commercial rates. The court respects the terms of the finance contracts and the Respondent's right to apply the prevailing commercial rates.
Outcome
Affirmed
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